Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-07-19

the sale OF The properly alached is applied.
Sec. 27. When the plaintiff, his agent or
fattorney. shal'make oath in writing, iha, he
has good reason TO, and does, believe, that
any person or corporation, 10 be named, and
within the county where the action is brought
has properly Of the defendant describing
the same) in his possession, If The officer
cannot come a. such properly, he shall leave
with such garnishee, copy Of The order Of
attachment, with written notice, that he
appear before the Justice, a, the return OF
The order Of attachment. and answer, as
provided in section lhirty.nine.
Sec. SO The copy Of the order and no.
lice shal be served upon the garnishee, as
follows: II ne be a person, they shall be
served upon him personally, or left a, his
usual place Of residence; If corporation.
they shall be left with the president, or 9th.
L er,head sfaihe same, or ,he secretary, cash.
lie, of managing agent thereof 80 Z !
Sec. 80. The garnishee shall appear be-
foreflhe Justice in accordance with the com.
mand Of the notice, and shall answer, under
oath, all questions put 10 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
amount owing by him to the defendant,
whether due or not; and in case Of cor.
poralion, any stock therein held BY, or for
the benefiVof, The defendant, at or after the
service Of notice.
Sec. 40. A garnishee may pay the money
owning 10 the defendan, by him, 10 The con.
stable having the order of attachment, or
into the court. He sh&l be discharged from
liability 10 the defendant, for any money so
paid, not exceeding the plaintiffs claim.
He shall not be subjected 10 costs, beyond
lhuse 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 order Of the court, he shall be al.
lowed his costs.
Sec. Al. If the gaynishee do no, appear
and answer, as required By section thirty.
nine, the Justice may proceed against him
by attachment as for contempt. ....
Sec. AZ. If the garnishee appear and an.
swer, and it is discovered on his examina.
tion, that, at or after the service Of the Or
der Of attachment and notice upon him, he
was possessed OF any property Of the de.
fendant, or was indebted 10 him, the Justice
may order the delivery of such properly
and the payment Of The amount owing by
the garnishee, into the court; or may permi.
the garnishee TO retain the properly or the
amount owing, upon the execution Of an
undertaking to the plaintiff by one or more
sufficient sureties, 10 the effect, that the
amount shall be paid, or the property forth.
coming as the court may direct.
Sec. 43. II the gurnishee fail to appear
and answer, or il he appear and answer,
and his answer is not satisfactory to the
IpIalniiff; or II he fail TO comply with The
order Of the Justice TO deliver the property
and pay the money owing, into court, or
give the undertaking required in the prece.
ding section. the plaintiff may proceed
against him in an action, in his own name,
as in other cases, and ,hereupon such pro-
ceedings may be had as in other actions
, and judgment may be rendered in favor oil
the plaintiff, for the amount Of the property
and credits Of every kind of the defendant,
in possession Of the garnishee, and for what
| shall appear 10 be owing by him TO the de-
J fendant, and for the COSTS of the proceedings
against the garnishee. If the plaintiff pro.
ceed against the garnishee by action, for the
cause that his disclosure was unsatisfactory
, unless il appear in The action that such dis.
closure was incomplete, The plaintiff shall
pay the costs Of such action. The judg.
ment in this action msy be enforced as judg.
ments in other cases. When the claims oil
, the plaintiffs in attachment are satisfied, the
defendant in attachment may, on motion
be substituted as The plaintiff in the judg'
ment.
Sec. A. Final judgment shall not be rem
I dered against the garnishee, until the actor
I against The defendant in attachment has
8 been determined; and if in such action judg
. ment be rendered for the defendant in at
,achmeni, the garnishee shall be discharged
9 and recover costs. If the plaintiff shall re-
. cover against the defendant in attachment
/. and the garnshee shall deliver up all prop
. erty, moneys and credits Of the defendan
b. in his possession, and pay all moneys from
e him due as the court may order, the gar
d nishee shall be discharged, and the costs o
i. The proceedings against him shall be paic
e out Of the properly and moneys so surren
J. dered, or as the court may think right am
}. proper. ,
Sec. 45. If judgment be rendered in tn
IS action for the defendant, The auachmen
shall be discharged and the properly attaches
a or It's proceeds, shall be returned 10 him.
n Sec. 46. If judgment. be rendered for lh
n plaintiff, it shall be satisfied as follows: s.
v much Of the properly remaining in lh
n hands Of the officer, after applying the mo
Il neys arising from the sale Of perShab
;. properly, and so much Of The personal prop
N erty, if any, whether held by legal or equi
n table title, as may be necessary to sals(
e the judgment, shall be sold by order of III
), Justice, under the same restrictions and reg
ulalions, as If the same had been levied o
~ by executions; and the money arising there
a from, with The amount which may be reco'
,e cred from the garnishee, shull be applied t
,r satisfy the Judgment and costs. If there b
!. not enough TO satisfy The same, the judo
70 ment shall stand, and execution may issu
q thereon, for the residue, in all Respects 0
ii in other cases. Any surplus of the attaches
"a property, or its proceeds, shall be relurne
"a 10 the defendant.
n Sec. Al. The Justice may order the cor