Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-07-07

thirty mine, the Justice may proceed
against him by attachment as, for con
tempt. =, .sess &. - sea-
Sec. AZ. If the garnishee appear and
answer, and it is discovered on his ex-
animation, thst, at or after the service Of
the order of attachment and notice upon
him, he was possessed Of any property
of the defendant, or was indebted to
him. the Justice may order the delivery
of such property and the payment Of
the amount owing by the garnishee,
into the court; or may permit the gar
nishee to retain the property or the
amount owing, upon the execution Of
an undertaking to the plaintiff by one
or more sufficient sureties, to the effect.
that the amount shall be paid, or the
property forthcoming as the court may
direct. xa
Sec. 43. n the garnishee fail to ap-
pear and answer, or if he appeared and
answer, and his disclosure is not salts
factory to the plaintiff; orif he fail to
comply with the order Of the Justice to
deliver the property and pay the money
owing, into court, or give the under
taking required in the preceding section,
the plaintiff may proceed against him
in an action, in his own name. as in
other cases, and thereupon such pro-
ceedings may be had aslin other actions,
and Judgment NAV 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 gar
nishee, and for what shall appear to be
owing by him to the defendant, and for
the costs of the proceedings against the
garnishee. If the plaintiff proceed
against the garnishee by action, for the
cause that his disclosure was unsatis-
factory, unless it appear in the action
that such disclosure was incomplete,
the plaintiff shallpay the costs of such
action. The judgment in this action
may be enforced as judgments in other
cases. When the claims of the plain
tifS in attachment are satisfied, the de-
fendant in attachment may, on motion,
be substituted as the plaintiff in the
Judgment.
See. "A. Final judgment shall not be
rendered against the garnishee, until
the action against the defendant in at
tachment has been determined; and if
in such action judgment be rendered
Tor the defendant in attachment, the
garnishee shall be discharged and re-
cover costs. If the plaintiff shall re-
cover against the defendant in attach
nent, and the garnishee shall deliver
up all property, moneys and credits of
The 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 pro-
;eedings against him shall be paid out
Of the property and moneys so sur
or as the court may think
right and proper.
Sec. As. If judgment be rendered in
the action for the defendant, the at
tachment shall be discharged and the
property attached or its proceeds, shall
be returned to him. ~, ~,
Sec. 46. If judgment be rendered
for the plaintiff, it shall be satisfied as
follows: So much of the property re-
in the hands Of the officer, after
applying the moneys arising from the
sale of perishable property, and so
much Of the personal property, if any,
held by legal or equitable tile,
IS may be necessary to satify the judg-
nent, shall be sold by order of the JUS
ice, under the same restrictions and
as if the same had been
eyied on by execution; and the money
arising therefrom, with the amount
which may be recovered from the; gar
lishee, shall be applied to satisfy the
Judgment and costs. If there be not
enough to satisfy the same, the judg-
nent shall stand, and execution may
ssue thereon, for the residue, IN all re-
'pects as in other cases. ANY surplus
If the attached property or its pro-
leeds, shall be returned to the defend
mt. d. Haf -l,f 81 .taeh0
Sec. A.. The Justice may order the
constable to repossess himself, for the
purpose of selling it. of any of the at
aehed property, which may have passed
,ut of bis hands without having been
old or converted into moneys and the
unstable shall, under such order, have
he same power to take the property, as
Ie would have under an order of at
aehment. 81. - r5;sT n51 .ls &
Sec. A. If any of the property
Ehieh has been attached, be claimed by
ny person other than the defendant,
he claimant may have the validity of
uch claim tried, aud such proceedings
aust be had thereon, with ike effect,
S in case the property had been seized
Ipon execution issued by the Justice
nd claimed by third person.
Sec 40. Where several attachments
re executed on the same property. or
be same persons are made garnishees,
be Justice issuing the first orderserYed
n the motion of any Of the plaintiffs,
lay determine the smeEnts and priori-
es of the several attschments, aud the
roceeds shall be applied accordingly.
Sec 50-f The officer shall return
pom every order Of attachment what I
e has done under it. The return must |
how the properly attached, and the /
me It was attached When garn;shees {
70 servad. their names and the time :