§ 25-1023.Attached property; preservation; sale; proceeds.

Attached property does not always sit safely in storage until trial. A truckload of produce or livestock can spoil; some property costs more to store than it is worth. Section 25-1023 gives the court tools for both problems. First, the court has to make proper orders to preserve attached property while the case is pending. Second, when keeping property intact is not practical because it is perishable or expensive to maintain, the court may order it sold for the benefit of the parties, and a judge may authorize that sale even in vacation.

When a sale happens, it has to be public, advertised the way property sold on execution is advertised, and conducted on whatever terms of credit and security the court or judge sets, taking into account how long the underlying case is likely to run. This keeps an emergency sale from becoming an unsupervised, informal transaction.

The section closes with a rule about the money itself. Proceeds the sheriff collects from a sale, along with money the sheriff receives from garnishees, have to be held and paid over under the same requirements and responsibilities that apply to sheriffs and their sureties when handling money deposited in lieu of bail. That borrows an existing accountability structure rather than creating a separate one just for attachment proceeds.