The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-06-29
realized from the sale Of the property at.
tached is applied.

~ uen the tue piainuH, MS agent |
,r attorney, shall make oath in writing,
hat he has good reason to, and does be.
leve, that any person or corporation, to
be named and within the county where
The action is brought, has properly of the
defendant describing the same in his pos.
session, if the officer cannot come at such
property, he shall leave with such gar.
nishee, copy of the order of attachment.
with written notice, that he appear be.
fore the Justice, at the return Of the order
of attachment, and answer, as provided in
section thirty nine.
z 49,. The copy Of the order and no.
tice shall be served upon the garnishee, as
follows: If he be person, they shall be
served upon him personally, or left at his
usual place Of residence; if corporation,
they shall be left with the president, or
other head Of the same, or the secretary,
cashier or managing agent thereof.
SO. The garnishee shall appear be.
fore the justice in accordance with the
command of the notice, and shall apswer,
under oath, all questions put to him touch
ing the property Of every description and
credits oil the defendant, in his possession
or under his control, and he shall disclose,
truly, the amount owing by him to the de.
tendant. whether due or not; and in the
case OF corporation. any stock therein
held by. or Tor the benefit of. the defendant,
at or after the service Of notice.
; 40. A garnishee may pay the money
owing to the defendant by him, to the con.
stable having the order of attachment, or
into the court. He shall be discharged
from liabilitWto the defendant, for any
money so paid, not exceeding the plain.
tiff's claiT. He shall not be subjected to
costs beyond those caused by his resistance
of the claim against him; and if he dis
close the property in his hands or the true
amount owing by him, and deliver or pay
the same according to the order of the
court, he shall be allowed his costs.
al. II the garnishee do not appear
and answer, as required by section thirty.
nine, the Justice may proceed against him
by attachment as for a contempt.
AZ. If the garnishee appear and an
swer, and it is discovered on his examin a.
ton, that, at or after the service of the or
der 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 garnishee to retain the
property or the amount owing, upon the
execution Of an undertaking to the plain
Tiff by one or more sufficient sureties, to
| the effect, that the amount shall be paid, or
the property forthcoming, as the court may
direct.
43. If the garnishee fail to appear
and answer. or il 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 prop.
erty and pay the money owing. into court
or give the undertaking required in the
preceding section, the plaintiff may pro.
eeed 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 of the plaintiff, for the amount o
the property and credits OF every, kind o.
the defendantin the possession of the gar
nishee, and for what shall appear to be
owing by him 10 the defendant, and fol
the costs Of the proceedings against the
garnishee. lfthe plaintiff proceed against
his disclosure was unsatisfactory, unless
it appear 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 judgment:
in other cases. When the claims of the
plaintiffs in attachment are satisfied. The
defendant in attachment may. on motion
be substituted as the plaintiff in the judg
ment.
A. Final Judgment shallnot be rem
dered against the garnshee, until the &C
ton against the defendant in attachmen
has been determined; and if in such actor
Judgment be rendered for the defendant il
attachment, the garnishee shall be dis
charged and recover costs. IF the plain
tiff shall recover against the defendant il
attachment, and the garnishee shall deliv
er up all property, moneys and credits o
the defendant in his possession, and pay
all the moneys from him due as the cour
may order. the garnishee shall be dscharg
ed, and the costs Of the proceedings agains
him shall be paid out Of the property ant
moneys so surrendered. or as the cour
may think right and proper.
As. If judgment be rendered in tn
action for the defendant. the attachmen
shall be discharged and the property at
,ached or its proceeds, shall be returned
10 him.
I ; 46. IfIudgment be rendered for tn
plaintiff, it shall be satisfied as follows -
So much of the property remaining in tn
hands of the officer, after applying tn
moneys arising from the sale OF perishabl
property, and SO much of the persona
property, if any, whether held by legal o
equitable title. as may be necessary to sal
isiy the judgment, shall be sold by orde
!! OF the Justice, under the same restriction
aud regulations, as if the same had bee
levied on by execution; and the none
arising therefrom, with the amount whic
may berecovered from the garnishee, sha
be applied to satisfy the judgment an
costs. If there be not enough 10 satisf.
the same. thejudgment shall stand, AM
execution may Issue thereon, for the resi-
due. in all respects as in other cases. An,
surplus of the attached property, or its pro
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