§ 52.177

Whenever, in any action brought upon a bond given in accordance with the provisions of section 52-308, the defendant sets up in his answer, or claims, that the interest of the principal in the bond in the property attached in the action in which the bond was given was, at the time of the giving of the bond, of less value than the amount ordered by the process in the action to be attached, the burden of proving the actual value of the interest shall be upon the defendant.(1949 Rev., S. 7900; P.A. 82-160, S. 81.)History: P.A. 82-160 replaced 'suit' with 'action' and 'such' with 'the' where appearing.Statute construed; presumption as to value. 58 C. 437; 102 C. 689; 109 C. 364. Cited. 86 C. 620. Recital in bond that attachment was placed on property of J. and E. estops parties to it from claiming that J. did not have any interest at all in the property. 114 C. 98. The burden of proving actual value of principal's interest is on defendant. 138 C. 428. Cited. 141 C. 675; 211 C. 555.