Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-07-09

shall appear that any OF the property taken
under the attachment is live stock, or is Of
perishable nature, the Justice may issue his
order directing the officer having the custody
thereof, 10 dispose Of The same as upon exc.
cuton. and the moneys realized therefrom
shall be paid over to the Justice and applied
as other money realized from the sale Of the
property attached is applied.
Sec. 81. When the plaintiff, his agent or
attorney, shall make oath in writing. that he
has good reason to, and does believe, that any
person or corporation, to be named and with
in the county where the action is brought,
has property of the defendant describing the
same) in his possession, if the officer cannot
come at such property, lie shall leave with
such garnishee, a copy of the order of the at
tachment, with a written notice, that he ap-
pear before the Justice, at the return of the
order of attachment, and answer, az provided
in section thirty-nine.
Sec. 3s. The copy Of the order and notice
shall be served upon the garnisbee, as fol-
lows:-lf he be person, they shall be served
upon him personally, or left at his usual place
of residence; If a corporation, they shall be
left with the president, or other head Of the
same, or the secretary, cashier or managing
agent thereof.
Sec. SO, The garnishee shall appear be-
fore the Justice in accordance with the com
mand Of the notice, and shall answer, under
oath, all questions put to him touching the
property of every description and credits of
the defendant, in his possession or under his
control, and he shall disclose, truly, the a
mount owing by him to the defendant, wheth-
er due or not; and in the case of corpora
ton, any stock therein held by, or for the
benefit of the defendant, al or after the SER
vice of notice.
sec. 40. A garnishee may pay the money
owing to the defendant by him. to the con-
stable having the order of attachm mt, or
into the court. He shall be discharged from
liability to the defendant for any money so
paid, not exceeding the plaintiffs claim. He
shall not be subjected to costs beyond those
caused by his resistance of the claim against
him; and if he disclose the property in his
hands or the true amount owing by him, and
deliver or pay the same according TO the or
der of the court, he shall be allowed his
costs.
Sec. Al. If the garnisbee do not appear
and answer as required by section thirty
nine, the Justice may proceed against him by
attachment as for q contempt
Sec. AZ. If the garnishee appear and an
swer, and it is discovered on his examination,
that, at or after the service of the order of at
tachment and notice upon him, he was pos
sessed of any property of the defendant, or
was indebted to Elm, the Justice may order
the delivery of such property and the pay
ment of the amount owing by the garnishee,
into the court; or may permit the garnishee
TO retain the property or the amount owing,
upon the execution Of an undertaking to the
plaintiff BY one or more sufficient sure,ies, to
the effect, that the amour: shall be paid, or
the property forthcoming as the court may
direct.
Sec. 43. Ifthe garnishee fail to appear
and answer, or if he appeared and answer,
and his disclosure is not Satisfactory to the
plaintiff; or if he fail to comply with the or
der of the Justice to deliver the property and
pay the money owing, into court, or give the
undertaking required in the preceding Sec
ton. the plaintiff may proceed against him in
an action, in his own name, as in other cases,
and thereupon such proceedings may be had
as in other actions, and judgment may be
rendered in favor of the plaintiff for the a
mount of the property and credits of every
kind OF the defendant in possession of the
garnishee, and for what shall appear to be
owing by him to the defendant, and for the
costs of the proceedings against the garnsh.
ee, If the plaintiff proceed against the gar
nishee by action, for the cause that his dis
closure was unsatisfactory, unless It appear in
the action that such disclosure was incomplete
the plaintiff shall pay the costs of such action
The judgment in this action may be enforced
as judgments in other cases. When the
claims of the plaintiffs in attachment are sat-
isied. the defendant in attachment may, on
motion, be substituted as the plaintiff in the
judgment.
Sec. a. Final judgment shall not be rem
dered against the garnishee, until the action
against the defendant in attachment has been
determined, and if in such action judgment be
rendered for the defendant in attachment,
the garnishee shall be discharged and recover
costs. If the plaintiff shall recover against
the defendant i'll attachment. and the garnish-
ee shall deliver up all propery, moneys and
credits of the defendant in his possession, and
pay all moneys from him due as the court
u'ay VIuSiI mc BdtHiSnte SHdlI Oe ulScnhFgeu,
and the costs of the proceedings against bin,
shall be paid out of the property and moneys
SO surrendered, or as the court may think
right and proper.
Sec. 45. If Judgment be rendered in the
action for the defendant. the attachment
shall be discharged and the property attach
ed or its proceeds. shall be returned to him.
Sec. 46 Judgment be rendered for the
plaintiff, it shall be satisfied as follows:-So
much Of the property remaining in the hands
Of the officer, after applying the moneys ari-
sing from the sale OF perishable property and
so much Of the personal property, if any.
whether held by legal or equitable title. as
may be necessary to satisfy the judgment,
shall be sold by order Of the Justice, under
the same restrictions and regulations. as If the
same had been levied en- by execution; and
the money arising therefrom, with the a.
mount which may be recovered from the gar
nishee, shall be applied to satisfy the judg-
ment and costs, If there be no; enough to
satisfy the same. the judgment shall stand.
and execution may issue thereon, for The res