The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
SUBDIVISION V.
Proccedin gs upon Attachment.

FEC. 2l2. II the defendant other person on his he
half, al any time before Judgment cause AN undertaking
he executed 10 the plaintiff by one or surets res
dent in the county 10 lie approved 10y the court, III double
the amount oil the PLAINTIFFS claim stated in his aii
davi 10 the effect hat the defendant shall perform the
Judgment oil the court the attach hmen in such action sha
discharged and restton made of any property takeT
under H. the proceeds thereof. Such undertaking shat
discharge the liability of garnshee III such action
for any property of the defendant in his hands.
Sec. 2l3 The undertaking mentioned in the last sec
on may in vacation be executed the presence OF tht
sheriff having the order of attachment in his hands, or
after the of the order, before the clerk with the
effect if executed in court tho sureies in either
case TO be approved by the oihcer boore whom the u
dcrtaking is executed.
Sec. ga The garnishee shall appear as follows. II
the order of attachment tc returned during term of the
and twenty days before the close thereof he shall
appear at that II the order lie returned during va
Gallon he shall appear at the term next after Ills return
lie shall appear aud answer under oa. all questions put
10 him touching the property of every description aud
creds of the defendant in his possession or under his
control, he shall disclose truly the amount owingby
him 20 the defendant, whether due not, and in
corporalon any stock therein held by or for hebeaei
of the defendant at after the service OF notice.
| Sec eiJ A garnishee may nav the money owing Ia
the defendant by him. 10 the sheriff having the order OF
attachment into the court lie shall he discharged
from Iaby TO The defendant for any money so paid
not exeeedinu the nlSnt's claim lie shall not be sub
ected costs beyond those caused by his resistance OF
the claim against him. and Il he disc ose the property in
his hands the true amount owing by him, and deliver
pay the according 20 the order of tile court he
! shall be allowed his costs.
answer required by section Two hundred and iOureen
the court may proceed against him by attachment as for
/ q COnietlU
Sec 2I7 Ifthc garnishee appear aud answer, aud il
is discovered his examination that al or after the
vice the order of attachment and notice upon him, ho
was POSSESSED OF any property OF the defendant
indebted him. the court order the delivery of such
property and the payment of the amount owing by the
garnshee into the COURT or the court may permit the
garnslee retain the property or the amount owing,
one or more sufficient suretes TO the effect thar the
mount shall he paid or the property iorhsohg as the
court may direct.
or il he appear and answer and his disclosure is
isactoy TO the plaintiff or If he fail To comply with the
order of the to deliver the property aud pay the
money owing into cOnrI give the undertaking equr-
ed in preceding section, the plaintiff may proceed
ganst him in action, by filing petition in his own
name in other cases, and causing summons to be is
sued upon it, and thereupOn such proceedings may I've had
as in other actions aud Judgment may be rendered fa-
yor OF the plaintiff for the amount of the property aud
credits every kind OF the defendant in the possession
of the garnishee and for what shall appear 10 be OWN,
by him to the defendant and for the of the proceed
ngs against the garnlseo. If the paInlif proceed
Closure was unless appear in the action
that such disclosure was incomplete, the plaintiff shall
nav the costs of such action The Judgment il, This me-
lion may be enforced as judgments 0lher cases. When
the claims of the plaintiffs in attachment satisfied
defendant in attachment may, on motion. csubst
| tuled as the plaintiff in the judgment,
Sec 2l0. Final Judgment shall not he rendered against
the carnishee, until The action against the defendant in
attachment been determined; aud if in such acton
Judgment be rendered for the defendant in attachment
the garnishee shall be discharge and costs
the plaintiff shall recover against the defendant in at
,achment and the ganshee shall deliver up all the pro
nerty moneys aud credits of the defendant in his pos
|
NAV order the garnishee shall he discharged and I'M
costs of tile proceedings against him shall be paid ont
the property and moneys so surrendered
| may think right and proper
Sec 92O Ifiudgncn be rendered in the action for th
defendant the attachment shall be discharged aud th
property attached its procee shall be returned 4
him. -
Sec 22l. IfJudgmeni be rendered for the plaintiff
sha be satisfied follows: so much OF the nTnporty re
naming in the hands of the officer after applying th
moneys arising from the sale of pershahe property an
90 much of the personal property and lands and tene
ments II any, whether held by legal equitable title
may be necessary 10 satisfy the Judgment shall be soil