The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1853-07-07

VI "C PtVPStJ ioiNhNo"n6 90 WV Nc"i
may direct.
SEC. 43. If the garDishee fail to appear
and answer, or if he appeared and an.
swer, and his disclosure is not satisfacto.
ry TO the plaintiff; or if 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 re.
quired in the preceding section, the plain.
tiff 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 oil the plaintiff. for
the amount of the property and credits Of
every kind of the defendant in possession
OF the garnishee. and tor what shall ap.
pear to be owing by him to the defend.
ant. and for the costs of the proceedings
against The garnishee. If the plaintiff
proceed against the garnishee by action,
for the cause that bis disclosure was un.
satisfactory, unless it appear in the &C.
ton that such disclosure was incomplete,
the plaintiff shall pay the costs OF such
action. The judgmen, in this action may
be enforced as judgments in other cases.
When the claims OF the plaintiffs in al.
tachment are satisfied, the defendant in
attachment may, on motion, be subsiitu.
ted as the plaintiff in the judgment.
Sec. A. Final Judgment shall not be
rendered against the garnishee, until the
action against the defendant in attach
ment has been determined; and if in such
action judgment be rendered for the de-
fendant in attachment, the garnishee shall
be discharged and recover costs. If the
plaintiff shall recover against the defen-
dant in attachment, and the garnishee
shall deliver up all property, moneys and
credits ofthe defendant in his possession,
and pay all moneys from him due as the
court may order, the garnishee 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. As. If judgment be rendered in
the action for the defendant, the attach
ment shall be discharged and the proper
ty attached or its proceeds, shall be re-
turned to him.
SEC. 46. If 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 arising from the sale Of perisha.
BILE property, and so much of the person
al property, if any, whether held by legal
or equitable title, as may be necessary to
satisfy the judgment, shall be sold by Or
der of the Justice, under the same restric-
tiops and regulations, as if the same had
been levied on by execution; and the
money arising therefrom, with the amount
which may be recovered from the garni-
shee, shall be applied to satisfy the judg-
ment and costs. If there be not enough
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 attached prop
erty, or its proceeds, shall be returned to
the defendant.
SEC. At. 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 same
power to take the property, as he would
have under an order of attachment.
SEC. 48. If any of the property which
has been attached, be claimed by any
person other than the defendant, the clai-
mant may have the validity of such claim
tried, and such proceedings must be had
thereof, with like effect, as in case the
property had been seized upon execution
issued by the justice and claimed by a
third person.
SEC. 49. Where several attachments arc
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 priorides the
several attachments, and the proceeds
shall be applied accordingly.
SEC. 80. The officer shall return upon
every order of attachment whathe has done
underit. The return must show the prop.
erty attached. When garnishees are
served, their names and time each wa:
served must be stated. The officer shall
also return with the order all -undetta'
kings given under it.
SEC. 81. An order of attachment binds
the property attached from The time o
service; and the garnishee shall stand Ii
able to the plaintiff in attachment for al
property, moneys and credits in hi.
hands, or due from him to the defendau
from the time he is served with the writ
ten notice mentioned in section thirty
seven, but when property Is attached il
the hands of consignee or other person
having prior lien, his liens thereon shal
not be affected by the attachment.
Sec. 81. the defendant, or other per
son in his behalf, at any time before iudg
ment, cause an undertaking TO be execu
ted in the plaintiff by one or more sure
ties resident in the county 10 be approved
by the Justice in double The amount Of the
plaintiffs claim to be stated in bis aftida
Wit. to the effect, that the defendant shal
perform the judgment oil the Justice, iht
attachment in such action, shall be dis
charged, and restitution made of any
property taken under 1t, or the proceeds
thereof; such undertaking shall also dis
charge the liability OF garnishee in sucl
action for any property of the defendan