The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1853-07-14

pear and answer, or if he appeared
and answer and his disclosure is rot sat
isfactory to the plaintiff; or if he fail to
comply with the order. of the Justice to
deliver the property and pay the money
I owing, into court, or give the under
taking required in the proceeding section,
the plaintiff may proceed against hlnin an
actionin his own name, as inothercases, IL
there upon such proceedings may be had
as in other actions, and judgment may be
rendered in favor Of the plaintiff, for the
amount OF the property and credits of
every kind of the defendant in possession
Of the garnishce, and for what shall ap-
pear to be owing by him to the defen-
dant, and for the costs of the proceedings
against tie garnishec. If the plaintiff
proceed against the garnishee by action,
for the cause that bis disclosure was un-
satisfactory, unless it appear in the action
! that such disclosure was incomplete the
plaintiff shall pay the costs of such ac-
ton. The judgment in this action may
/ be enforced as judgments in other eases.
/ When the claims Of the plaintiffs in at
tachment are satisfied, the defendant in
attachment may on motion, be substitut-
ed as the plaintiff in the Judgment.
Sec, ~, Final Judgment shall not be
rendered against TIE garnishee. until the
action against the defendant in attach
mcnt has been determined: and if such
action Judgment be rendered for the de-
fendant in attachment, tie guarnishee
shall be discharged and recover costs. If
! the plaintiff shall recover against the de-
tendant IN attachment, and the garnishee
shall deliver up all propety, moneys and
credits of the defendant in his possession
and pay ell moneys from him due as the
court may order, the guarnishee shall be
discharged, and the costs Of the proceed
ings against him shall be paid out of the
property and moneys so surrendered, or
as the court may think right and proper.
/ SEC. rs. Ii Judgment be rendered in
the action for the defendant, the attach
ment shall be discharged and the property
attached or It's proceeds, shall be returned
! to him.
SEC. 46. # judgment be rendered for
i the plaintiff, it shall be satisfied as fol-
lows: So much Of the property remain
ing in tie hands Of the officer, after ap-
plying the moneys arising from the sale
of perishable property, and SO much OF
the personal property, if any, whether
held by legal OF equitable tide; 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 on by execution;
and the money arising therefrom, with
amount which may be recovered fom the
! garnishee shall be applied to satisfy the
/ judgment and costs. If til ere be not e.
nough to satisfy the same; the Judgment
shall stand; and execution may issue
thereon, for the residue, in all respects as
in other cases. Any, surplus of the at
tached property, orits proceeds, shall be
returned to the defendant
SEC. II. The Justice may order the
constable to repossess himself for the pur-
pose Of selling it, Of any of the attached
property, which may have passed out Of
his hands without having been sold or
converted into money: and the constable
shall under such order, have the sa1ne
power to take the property, as lie would
have under any order of attachment.
! SEC. 48. If any of the property which
has been attached, be claimed by any
person other than tie defendant, the clai-
mant have the validity of such claims
tried, and such proceedings must be had
thereon, with like effect as in case the
property had been seized upon execu.
ton issued by tie justice and clsined by
a third person.
Sec. 49. Where several attachments
are executed on the same property, or the
same persons are made garnishees, the
Justice issuing the first order served on
the motion Of any of the plaintiffs, may
determine the amounts and priorities Of
the severed attachments; and the proceeds
shall be applied accordingly.
SEC So The officer shall return upon
done under it. The return must show
the property attached and the time it was
attached. When garnishces are served
theirnames and the time each was served
must be stated The officer shall also
return with the order all undertakings
given under it,
SEC, 81 An order of attachment
binds the property attached from the time
of service, and the gsrnishee shall stand
liable to the plaintiff in attachment fol
allproperty, moneys credits in his hands
or due from him to the defendant from
the time he is served with the written no
tice mentioned in section thirty-seyen, bui
when property is attached in the hands OF
a consignee OF other person having q prl-
or lien, his lines thereon shall not be af-
fected by the attachment
SEC. 52 If the defendant, or other
person in his behalf, at any time before
Judgment, cause an undertaking to be
executed to the plaintiff by one or more
sureties resident in the county to be ap-
proved by the,Justice in double the a.
mount of the plaintiff claim to be stated
in his affidavit, to the effect, that the de-
fendant shall perform the judgment Of
the Justice, the attachmentin such action
shall be discharged, and restitution made
4 of any property taken under it, or the
proceeds thereof, such undertaking shall
also discharge the liability Of garnishet
in such action for any property of the
defendant in his hands.
Sec. So. If in any case where an or
der of attachment has been issued by g
Justice of the Peace, it shall appear from