Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-07-19

vSvs"S ~ "vu ~ VIZ ueV""o.t CIV
fsr .hs costs Of the procssding against
ths ghrnishec. lf The plaintiff proceed
egninst The gsrnisHce By action, Tor the
Cause that hiS disclosure wos unsa.islac
tory, unless il appear in the actioa ika
iasx disclosure was Incomplete, the
plaintiashall Ray the costs Of such nc,
lion. Enlightenment in this ac,ion may
be'sn!crced as Judgments In other cases
When ,Rs, claims Of tho plaintiffs in
attechiiicnt are satisfied, tic defendant
ID attachment may, on niouon, be sub.
stl;uted aathe plaintiff in the Ju, ,lsEcnl.
Sec. 44. Final judgment shall moi be
rendered against The garnishee, until
the action against the defendant in n,.
tachmcnt hos been determined; ami II
in snch action judgment be rendered for
the defendant In attachment, the gurni.
shss shall bo discharged ana recover
costs. 1.-THE plaintiff shall recover a.
gaist the defendant in attachment, onl
The garnishee shall deliver up ali prop.
er.y, moneys and credits Of the delenl.
ant ~ his possession, and pay all mon.
cys from him due as the court may or.
der, the garnishee shall be discharged
and the costs CT the proceedings against
him shall bo puid out Of the property
end moneys and so surrendered, or Us
the cour, may think right and proper.
Sec. 45. II judgment be rendered in
the action for ,he defendant, the attach.
incnt shall be dis, hareei an the prop.
cry attached OF its proceeds, shall be
returned 10 him.
Sec. 40. If any ju lgmcnt be rendered
tor the Plalni1. it shall be satisfied as
iollows: so much Of the property re.
naming in the hands of the officer after
epplsing .ho moneys arising from the
sale ofperishabIe properly, and So much
oithe personal property. If any; wheth.
or held By legal or equitable title, as
may be necessary to satisfy the judgment
shall be sold by oder Of the Justice, un.
der the same restrictions and regulations
as il. the same had been levied on by ex.
eculion; and the money arising there.
from, with the amount which may be re.
covered from the garnshee, shall be ap.
piled 10 satisfy the iulgmcn, and costs
jf there be no! enough to satisfy the
same, the Judgment shall stand, and ex.
fcu!ion may issue thereon, for the res
iluc, in all respects as in o:hcr cases.
Any surplus Of the attached property, or
its proceeds. shall be returned to the de.
fendant.
Sec. - The Justice may order the
constable to reposscss himself, for the
purpose ofselling it. Of uny Of the at
tache,l property, which may have passed.
out Of his hands, wilhou, having been
sold or converted into money; and the
constable under, such orier, has the
some power TO take the property. as he
would have under an Orlcr Of attach
mcnt.
Sec. IS. lfony Of the property which
he's been attached, be claimed by any
person other than the defendant, thu
claimant may have the validity of such
claim tried. and such proceeding mus.
be had thereon, with like effect, as in
case the property had been seized upon
execution issued by the Justice and cla.
Ell by third person.
Sec. 40. Where several attachments
are executed On the same property, or
the same persons are made gurnishec,
the Justice issuing the first or,lc, served
on the motion of any Of the plaintiffs,
may determine the alnonh, and priori.
ties fthc several alta c.,Meats. nnI III.
Pucesds snaIl be applet accordingly.
Sec. so. The officer shall return upon d
pvery order Of attachment wha. hc has /
done under it. The return must show
The property attached, and the time it $
was attached. When rarnishces arc h
served, their names and the time each p
was served must be stated. The officer il
shall also return with the order all un. c
.crlskings given under it. c
Sec. 81. An order of attachment binds c
nc property alta hel from the time Of 4
crv.cc, anl the garni>hee shall s.anl G
liable to tie p!hin;itf in al!sehment for "
ii property, moneys ahl credits in his i,
ands, or due from him to the dcfcnian, d
rom the time he Is served with the witt.
en- notice mentioned in section thirty. r
even. but when property is attached in I,
ne hands Of con ignee or other per.
on having p.lor lien, his liens there. d,
N shall no, be affected by the attach. h
mont.
Sec. Sc. lf tho defendant, or others
'ersons in his behalf, at any limo before :,
Judgment, cause an undertaking to be :,
xecn'c.l to the plaintiff by one ormore :. :,
ufa!ies rcsiien! in the county to be ap.
rovel by the Justice in double the
mount Of the plaintiffs claim TO be sta.
ID IN his affi iiavit, to the effect, that the
elenlan. shall perform the judgment n n
the Justice, the attachment in such =" "
clon. shall be discharged, |, and the res. u
tuition made ofany property taken un
er ii, or the proceeIs thereof; such Tn. q
er'akng shall also discharge the liza. u
iliiy OF a garnishee in such action for 81
ny property Of TIC dcfanlan, in his G
an Is. p!
Con,inuc' ncsi week. sh
4 Correspondent Of the Memphis .dp. NJ
sal writes hatihe poet Alexander Smith til
hose productions have recently made In
;ch o sensation in the lileafy circles &C