The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-07-20


mount shall be paid. or the property forth
coming as the court may direct.
! Sec. 43. Ii the garaishee fail to appear
and answer, OF if he appeared and answer
, and his disclosure is not satisfactory TO the
r plaintiff, OF ii he fail to comply viii, the or
der of the justice to deliver the property
and pay the money owing, into court, or
give the undertaking reqereI IN the pre-
eeedng section, the plaintiff may proceed
gainst him in an action, in his own name,
US in other cases, and thereupon such pro-
ceedngs may be had as in other actions,
and Judgment loay 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 garniShee, and
what shall appear to be owingby him to the
defendant, and for the costs OF the proceed
ingS against the "a nishee. Ii the plaintiff
proceed against the garnishee by action,
'of the cause that his disclosure was untalis-
factory, unless it apsear in the action that
such disclosure was incomplete, ;he plaintiff
shall paw the costs of such action. The
iu lgmant in this action may be enforced as
iul. l.!ments in other cases. When the claims
Of the plaintiffs in attachment are satisfied,
| the delendantin attachment may, on motion,
be substituted as the plaintiff III the judg-
ment. .....
Sec. Al. Final judgment shall not be
rendered against the garnIshee, until the
action against the defendant in attachment
has been determined; and if in such action
! Judgment be rendered for the defendant in
attachment the garnishee shal. be dcshar-
ged and recover costs. II the plaintiff shall
/ recover against the defendantil attachment,
/ and the garnishee shall deliver up all prop
epty, MONEYS and credits Of the defendant
in his possession, and Pay all moneys from
him due as the court may order, the gar
nishee shall be discharged, and the costs of
the proceedings against him shall be paid
ont Of the property and moneys SO sunen-
dered, OF us the court may think right and
proper
Sec 45. Ifjudgment be rendered in the
action for the defendant, the attachment
shall be discharged and the property attach
ed or lis peoceeds, shall BE- returned to
him.
Sec 49, If Judgment be rendered for
the plaintiff it shall be satisfied as follows:
So much OF the property remaining in The
hands Of tie officer, after applying the mon
eys a1ising from she sale OF perishable prop
eYty, and so much of the personal property,
il any. whether. held by legal or equitable
title, as nay BE- necessary to satisfy the
Judgment, shall be sold by orderof the jus
Jice' under the same restrictions and regu-
tntions as il the same had ben leviud on
by execution; and the money arising there
from, with the amount wich may be recvy-
cred from the garniShee, shall be applied
to satisfy the judgment and costs. Ii there
be not enough to satisfy the same, the judg,
mGnC shall stand, and execution may issue
thereon, for the residue, in all respects sa
in other cases. Any surplus Of the attacA-
ed property, or its proceeds, shall be return
ed TO the defendant
Sec. II. The Justice may order the con-
istable to repossess himself, for the purpose
OF selling it, OF any OF Che attached property,
which may have passed OUT Of his hands
wthou having been sold or converted into
money; and the constable shall, under such
order, have the same power to take the
y,
OF attachment.
/. Sec. 40. II any Of the property which
has been attached be claimed by any per-
son other than the defeneant, the claimant
may nave the validity Of such claim tried,
and such proceedings must be haa thereon,
! with like effect, as IN case the property had
4 been seized upon execution issued by the
Justice and cIaiiaed BY third person.
Sec 40. Where several ATTACHMENTS are
executed on the same property, or the same
persons are made garnishees, the justice is
suing the first order served on the motion Of
auv ot the plaintiffs, may determine the
j. amounts and prioritics of the several attach
ments, and the proceeds shall be applied &C.
cordingIy. |f E'
Sec. 80. The officer shall return upon
every order Of attachment! what he has
done under it. The return must show the
property attached, and the time it was at
tached, When garaishees are served, their
names and the time each was served must
be stated The officer shall also return
with the order all undertakings given under
Lit. r. .t.. rr
Sec. 81. An order of attachment binds
the property attached from the time Of SER
vice, aad the garnishee shall stand liable to
:, the plaintiff, in attachment for ak property,
moneys and credits in his hands, or due
from him TO the defendant from the time he
: is srved with the written notice mentioned
in section thirty yseven, but when property is
attached in the hands of a consiynee or 9th
,er persol having prior lien, his liens there
On shall not be affected by the the attach
I, ment. rn.. ID. na
Sec 50. If the defendant, or other per-
son in his behalf, at any time before judg-
ment, cause an undertaking to be executed
+ to tho plaintiff by one or more suretes resi-
: dentin the countyto be approved by the JUS
i, Iiice in double the amount of the plaintiffs s
catm to be statedin his affidavit, to the ef-
S feet that the defendant shall perform the
= Judgment OF the Justice, the attachment in
. such action, shall be discharged, and resti'
tuition made Of any property taken under
+ it, OF she proceedS'thereof; such underta-
king shah also discharge the liability of /
: garniShee in such action for any property o
I the defendant i'll his hands.
t Sec. SO. If in any case where an order
! of attachment hds been issued by justice
i Of ihe Peace, it shall appear from the relurr
" Of the officer, and from the examination o
Il the garrishee, that no property, moneys
rights credits or effects Of the defendan
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