Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-09
VOLUME I.
LAWS OF OHIO
ATTACHMENT.
(BY AUTHoRITY.)


attachment against the property Of the defen-
dant in a civil action before Justice of the
Peace for the recovery of money, before or
after the commencement thereof, when there
is filed in his Office an affidavit of the plaintiff,
his agent or attorney, showing the nature of
the plaintiffs claim; that it is JUST the amount
which the atfiant believes the plaintiff ought
to recover; and the existence of some one or
more OF the following particulars
THAT the defendant or one of the several
defendants, is foreign corporation, or is a
non resident of the county; or
2-Has absconded with intent to defraud
his creditors; or
3-Has left the county of his reside nee to
avoid the service of summons; or
$50 conceals himself that a summons
cannot be served upon him; or
SIS about to remove his property or a
part thereof ou: Of the county, with the in
tention to defraud his creditors, or,
6-Is about to convert bis property or a
part thereof, into money, for the purpose of
placing it beyond the reach Of bis creditors or,
HAS property or rights in action which
he conceals; or,
s-llas assigned, removed or disposed of,
or is about to dispose of bis property or part
thereofwith intent to defraud his creditors or,
9-Fraudulently contracted the debt or
incurred the obligation for which suit is about
to be, or has been brought. When the defen-
dant is foreign corporation or a nonresident
OF the county, the attachEent shall not be
granted unless the claim is for debt or de-
mand arising upon contract, judgement or de-
cree.
Sec. 20. When the gronud of attachment
is, that the defendant is foreign corporation,
or a nonresident of the county, the order of
attachment NAV be issued without an under
taking, bu: in all other cases, the order of at
tachment shall not be issued by the Jnstice
until there has been executed in his Office by
one or more sufficient sureties of the plaintiff
to be approved by the justice an undertaking
not exceeding double the amount of the plain
tiffs claim, to the effect that the plaintiff shall
pay the defendant all damages which he may
sustan by reason of the attachment, if the
order be wrongfuly obtained.
Sec. 80. The order of attachment NAV be
made to accompany the summons or at any
time afterwards, before Judgement; it shall be
addressed and delivered to any constable of
the proper township, and shall req uire him
TO attach the goods, chattles, stocks, or inter-
ests In stocks rights credits, moneys and ef-
fec's OF the defendant in his county, not exempt
by law from being applied to the payment OF
the plaintiffs claim, or so much thereof as
will satisfy the plaintiffs claim, to be stated
in the order as in the affidavit and
the probable costs of the action, not exceeding
fifty dollars
Sec. 81. The return day of the order of
attachment, when issued at the commence
ment Of the action, shall be the same as that
OF the summons, when issued afterwards, it
shall be executed and returned forthwith
Sec. 32. When there are several orders of
attachment against the same defendant, in the
hands OF the same officer, they shall be exc
cu;ed in the order in which they were receiv-
ed by said officer; he shall 60 to the place
where the defendant S properly may be found.
and there in the presence Of two crdible per-
sons. declare that by virtue of said order, he
attaches said property at the suit of such
plaintiff, aud the ohcer, with two hous eholders
Of the county, who shall be first sworn or
affirmed by the officer, shall make true n-
ventory aud appralsement of all property at
lached, which shall be signed by the officer,
and said househoiders; aud returned with the
order when the property can be come at, he
shall take the same into his custody, and
hold it subject TO the order of the justice.
See. 33 The constable shall deliver the
property attached to the person in whose
possession it was found, upon the execution
by such person, in the presence OF the consta-
Bile, an undertaking OF the plaintiff, with oue
or more sufficient suretes resident in the coun-
are bound in double the appraised value there
of, that the property or its appraised value in
money shall be forthcoming TO answer the iudg
ment of the court in the action but if it shall
apear to the court that any part Of said prop
erty has been lost or destroyed by unayoida-
BILE accident, the value thereof shall be remit
ted to the person or persons SO bound.
Sec. "a. Different attachments of the same
property may be made, and one inventory and
shall be sufficient. The lien OF
the attachments shall be in the order in hch
they are served, and the subsequent attach
ments shall be served on the property as in
the hands of the officer, and SUBJECT to the
prior attachments The Justice who issued
tue attdChHent having thc priority eOt Henp
shall determine all questions as to the priori-
ty OF liens on the property attached,
Sec. 35. If the order of attachment is
make to accompany the summons, copy
thereof and the summons shall be served up
upon the defendant in the usual manner for
the services of summons, if the same can be
done within the county, and when any proper
ty OF the defendant has been taken under the
order OF attachment, and ii shall appear that
the summons issued IN the action has not been,
and cannot be served on the defendant in the
county. in the manner prescribed by law, the
Justice of The Pease shall continue the cause
for period not less than forty nor more than
sixty days Whereupon the plaintiff shall
proceed for three consecutive weeks to pub
lish in some newspaper printed in the county,
or if none be printed therein. then in some
news paper ofgeneral circulation in said coun-
ty. notice stating the names of the parties.
the time when, by what Justice of the Peace,
and for what sum said order was issued, and
shall make proof of such publication to the
Justice and thereupon said accton shall be