The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-07-01

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Sec 40. II the gurnishee appear and answer,
and il is discovered on his examination, thut, at
or after the service of the order Of attachment 4
notice upon him, he was possessed any prop.
erty Of the defendant, or was in iebtcd TO him,
the Justice may order the deliveryof such prop.
crty and the payment Of the amount owing by
the garnishcc, into the court; or may permit the
garnishcc to retain the property or the amount
owing, upon the execution Of an Undertaking to
the plaintiff by or more sufficient surctes,
to the effect, that the amount shall be paid, or
the property forthcom .ng, as the court may di.
rect.
| Sec 43. If the garnisheo fail 20 appear and
answer, or if he appear and answer, and his dis.
closure ia not satisfactory to the plaintiff; or u
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 lrcqurod in
the preceding section, 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
mo be rendered in favor Of the plaintiff, for the
amount Of the property and credits oi every
kind Of the defendant in the possession OF the
parnishee, aud for what shall appear TO be ow-
ing by him to the defendant, and for the costs
of the proceedings against the garnshee. IL
the plaintiff proceed against the garnshce by
action, for the cause that his disclosure was un-
satisfactory, unless it appear in the action that
such disclosure was incomplete, the plaintiff
shall pay the costs Of such action. The judg.
ment in this uction may be enforced as Judg-
ments in other cases. When the claims OF the
plaintiffs in attachment are satisfied. the dcfcn-
dant in attachment may, on motion, be substitu-
ted as the plaintiff in the judgment.
Sec. Al. Final judgment shall not be render
3 ed against the garnishee, until the acton a.
. gainst the defendant in attachment has been de-
:ermined; and If in such action judgment be
rendered for the defendant in attachment, the
garnishce shall be discharged and recover costs
!, If the plaintiff shall recover against the defend
. mt in alta chment, and the garnishce shall &C.
liver up all property, moneys and credits oil the
defendant in his possession, and pay all the mo-
neys from him due MS the court may order, the
garnishee shall be discharged, and the costs oi
the proceedings against him shall be pa,o OUT OF
the property and moneys so surrendered, or us
the court may think right and proper.
4 See. as. Ii Judgment be rendered IN the ac
. ton for the defendant the attachment shall be
discharged and the property attached or its pro-
= cecds shall be returned to him.
= Sec 46. If judgment be rendered for the
=, plaintiff it shall be satisfied as foows' So much
II Of the property remaining in the hands oi the
y officer, after applying the moneys arising from
y the sale of pcrishable property, and much Of
:, . the personal property, fany, whether held by
= legal or equitable title, may be necessary t.
;, satisfy the judgment, shall be sold by order OF
, the Justice, under the same restrictions and reg
:, ulatons as if the same had been levied on by
executions; and the money arising therefrom,
' with the amount which may be recovered from
the garnshee, shall be applied to satisfy the
. Judgment and costs. IL there be not enough to
- satisfy the same, the judgment shal stand and
" execution may issue thereon, (or the residue, IN
:. all respects as in other cases. ANY surplus OF
tho attached property, or it's proceeds, snail De
. returned to the defendant.
. Sec. Al. The justice may order the constable
to rcposscss himself, for the purpose OF selling 1t,
d Of any of the attached property, which may
have passed out Of his hands without having
T. been sold or converted into money; and the con-
u stable shall, under such order, have the same
4 power TO take the property, as he would have
u undor n order Of attachment.
y Sec. 1S. lfany of the property which has
been alta chcd, he claimed by any person other
i than the defendant, the claimant may have the
o validity of such claim tried, and such proceed
i inps must be had thereon, with like effect, as in
case the property had been seized upon execu.
r ton issued by the justice and claimed by third
7, lpcrson.
e Sec. 40. Where several attachments ex.
ccutcd on the sume property, or the same persons
are made garnshccs, the justice issuing the first
- order served on the motion Of any OF the plain.
!. tiffs, may determine the amounts and priorites
l. of the several attachments, and the proceeds
II shall be applied accordingly.
c See. 50. The officer shall return upon every
c order of attachment what he has done under it,
u !
e and the time il wus attached. When garnishecs
II are served, their names and the time ach was
d served must be stated The officer shall also
|. turn with the order all undertakings given un.
/. der il.
Sec. 81 An order of attachment binds the
c property attached from the time of service, and
d the garnshec shall stand liable to the plaintiff
II in attachment for all property, moneys & cred
b its in his hands, or due from him to the defend
s. ant from the time he is served with the written
8 notice mentioned in section thirly-scven, bu,
/. when property is attached in the hands ofa con
It sigEce other person having prior lien, his
II liens thereon shall not be affected by the attach
j. ment.
Sec. 50. If the defendant or other person in
o his behalf, at any time before judgment, cause
e an undertaking 10 be executed TO the plaintiff
n by one or more sureties resident in the county
IL to be approved by the justice in double the II
d mount OF the plaintiffs claim to be stated in his
affidavit, to the effect, that the defendant shu Il
It perform the judgment of the justice, the attach
). ment in such action, shall De discharged, and
G restitution made ofany property taken under it,
l. or the proceeds thereof; snch undertaking shall
also discharge the liability OF garnishee in such
action for any property of the defendant in his
/. hands.
u Sec. SO. II in any case where an order Of nt.
+. tachment has been issued by u justice Of the
peace, it shall appear from the return Of the Of
, iicer, and from the examination Of the garnishee,
That no property, moneys, rlghts, creuNs or ei-
d fects Of The defendant has been taken under the
] uttu chmont, hut that the defendant is the owner
, Of au interest in real estate in the county, the
Justice before whom said action is pending, shall
a; the request of the plaintiff, forthwith certify
his procer rdngs TO the court of common pleas Of
> the proper county, and thereupon the clerk ol
said court shall docket said cause, and the action
shall be proceeded with in SAID court in all re.
spccts as il the same had originated therein.
ARTICLE III.
Bill of Particulars.
Sec. 81. In all cases before a justice, the
plaintiff his agent or attorney, shall file with
such justice a bill Of the particulars of his de.
mand, and the defendant, IL required by the
plaintiff, his agent or attorney, shall file like
bill Of the particulars he may claim ms set.of.
and tho evidence the trial shall be confined
TO the items set forth IN said bills.
Sec. So. The bills Of particulars must state
in plain and direct manner, the facts constitu.
ting the cause of action, or the claim to be set
off. .., ...
Sec. 50. The bill of particulars may be u.
mended at any time before the trial or during
the trial, or upon appeal TO supply any de6oien.
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