The Ohio union. [volume] (Ashland, Ohio) 1849-1854, 1853-07-06
ami. At or alter The service If notice

owing 10 the defendant by nm, TO The con
stable having the order of attachment, o
into the court. He shall be discharged
from liability TO the defendant, for any
money so paid, not exceeding the plain
lifts claim. lie shall not be subjected Il
costs beyond those caused by his resistance
of the claim against him; and il he disclos,
the property in his hands or the trut
amour, owing by him, and deliver or pay
the same according 10 the order Of The
court, he shall be allowed his costs.
Al. If the gOrnishee Dc not appeal
and answer, as required BY sAtion thirty
nine, the justice may proceed against him
by attachment, as for a contempt.
40. If the garnishee appear and an
swer, and il is discovered on his examina-
ton, that, at or after the service of theor-
der of attachment and notice upon him,
he was possessed of any properly of the
defendant, or was indebted TO him, the
justice may order lhedelivery ofsuch prop.
erty and the payment of the amount ow-
ing by the garnishee, into the courl; OF
may permit the garnishee to retain the
property or the amount owing, upol the
execution OF an undertaking to the plain
tiff by one or more sufficient s%ureties, to
the effect, that the amount shall be paid, or
The property forthcoming, as the court may
direct.
40. If the garnishee fail 10 appear and
answer, or if he appear and answer, and
his disclosure is not satisfactory 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 required in The pre-.
ceding section, the plaintiff may proceed
aglinst him in an acton, in his own name,
as in other cases, and thereupon such pro.
ceedings may be had as in other actions,
and judgment may be rendered in favor Of
the plaintiff, for the amount of the roper.
ty and creditSor every kind Of The defend.
ant in posses Jon of the garnishee, and for
what shall appear 10 be owing by him TO
the defendant, aud for the costs of the pro.
ceedings against the garnishce. If the
plaintiff proceed against the garnishee by
action, for The cause that his disclosure
was unsatisfactory, unless ii appears in the
action that such disclosure was incomplete,
The plaintiff shall pay the costs of such
action. The judgment in this action may
be enforced as judgments in other CASES.
When the claims oI the plaintiffs in attach
ment are satisfied, the defendant in attach.
ment may, on mo,ion, be substituted as Ibe
plaintiff in the judgment.
A. Final judgment shall moi be rem
dtred against the garnlshee, until The ac'
ion against The defendant in attachment
has been determined; and if in such action
Judgment be rendered for the defend INT in
aitachmeni, the garnlshee shall be dis
charged and recover cos $. IL the plain
lif shall lie over against The defendant in
attachment, and the garnishee shall deliver
up all property, moneys aud credits Of the
defendant in his possession, and pay all
The moneys from him due as the court may
order, the garnishee shall be discharged,
and the cusDs Of the proceedings agains,
him shall be paid out oldhe property and
moneys so surrendered, or as the cour
NAV think right and proper.
s As. If judgment be rendered in the
action for the defendant, the atlachmen.
shall be discharged and the property al
lacheG or its proceeds, shall be returned
To him.
{ 40. II judgment be rendered for tn,
plaintiff, it shall be satisfied as follows: S,
much Of the property remaining in the
hands of the officer, after applying the
moneys arising from the sale OF perishablC
property, and so much Of the persona
property, if any, whether held by legal OIL
equitable title, as may be necessary 10 sat
isfy the judgment, shall be sold by ordeI
of the justice, under The same restrictions
aud regulations, as if The same had beer
levied on by execution; and the money
arising therelrom, with the amount whicl
may be recovered from the garnishee, shall
be applied To satisfy The judgment anC
costs. II there be not enough 10 satisfy
the same, the judgment shall stand, and
execution may issue thereon, for the resi-
due, in all respects as in other cases. Any
surplus Of the attached property, or its
proceeds, shall be returned To the defend
ant.
Al. The justice may order the con
stable 10 repossess himself, for the purpose
Of selling it, Of any of tie attached prop
erly, which may have passed out of biz
hands without having been sold or convert
ed into money; and the constable shall
under such order, have the same power Il
take the property, as he would have I'm
der an order Of attachment,
5 Is. II any Of the property which ha
been attached, be claimed by any persOI
other than TIC defendant, the claiman
may have the validity Of such claim tried
and such proceedings mus, be had there
on, with like effect, as in case the proprrt,
had been seized upon execution issued b.
The justice and claimed by a third person
40. Where several attachments ar
executed IN the same property, or til
same persons are made garnishees, til
justice issuing the first order served o
the motion Of any Of the plaintiffs, ma
d determine the mounts and priori,ies
the several attachments, and the proceed
shall be applied accordingly.
8 SO. The officer shall return upon evO
~ order of attachment what he has dor
under it. The relurH must show the pro.
cry attached, and The time ii was aliacI
ed. When garnishees are served, the
. names and the time each was served mu
, he stated. The officer shall also reluI
with the order all undertakings given uud
it.