Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1862-06-06
81. so A YEAR.

notice shall fai; to appear and answer at
] the time and place specified in the notice
served upon him he may Afterwards APP
pear and answer before the Judge or
commissioner named in such notice, OF any
time before final judgment against him, hy
giving to the person in whose favor the
execution was issued or to his attorney,
notice of at least SIX md not more than
ten days, Of the time when he will so APP
pear and answer: prnriicd, that such
judge or coninizsimcr, bei,re taking his
answer, may at his discretion, require him
/ to pay all costs that have occurred ac-
crued in the garnishee suit, up to the
/ time such notice is gwen.
Sec 8. It shall be the duty OF the
Judge or commissioner be ore whom any
person shall be examined uuder the plo-
visions OF this act, 10 reduce the answer OF
any such person to writing, and to file the
same in the office of the clerk of the court
| from which the execution was issued.
Sec. Z. If it appear from the answer
that the garnishee was indebted to the
judgment debtor or judgment debtors. or
either Of them or that the. garnIshee had
property in his or its hands or possessions
belonging to such judgment debtor or judg-
ment debtors. or either Of them, at the
time the notice to aPl ear and answer was
served, such garuisbee shall forthwith de-
liver such property or pay the amchnt OF
his or its Indebtedness to the sheriff or oths
er proper officer having such extcutiot1j
who shall proceed Herewith according to
law
Sec 8. In case the garnishee pays cTef
the money due from him to the Judgment
debtor, or delivers the pro- erty III his
hands belonging 10 the Judgment debtor,
III the manner provided t,r III tie last SEE
ton. he or it shall he 10 longer Halle
therefor to the Judgment debtor. and such
payment o. delivery shall be bar to any
action that may be brought against such
garnishee by such Judgment Debtor or his
| assignee. to recover the same.
Sec. g. If the garnishee shall neglect
to deliver ever any property in his or its
hands CT Tosse:si "a, or 10 pay
ov any uorey cue to h jud! nent
against tie garlishee for the ame unt Of
! his or It's Indebtedness to the Judgment
debtor or for the value ot such property:
but the damages in such judgmen. shall
uut eXreed the amount due on the execa-
tion for danagcs, interest and costs; or
/ the court, in is discretion, at any time af-
| ter the garnishee has answered, may rem
! der judgment against the garnishee, direct
| ing and requiring him or it to deliver to
the sheriff any property in the possession
! OF the garHishee, or under his CT its con-
troll, belonging to the judgment debtor
SEQ. 10 II it appear from the answer
Of the garnis! ee or otherwise. that the gar
nishee holds the title of any real estate or
any interest therein, in trust for the judg-
mcnt dettor, or for bis benefit. the gar
nishee shall convey the same to the sheriff,
and the sheriff shall sell and dispose of the
same under the direction Of the court from
winch the execution issued. in the manner
| provided by law and the rules ard ptaG-
! tice Of the court for the sale Of cal estate
by receivers appointed under proceedings
/ supplemental to execution AID the court
Il ay, by its Judgment, pass The title to any
| such real estate situate within this state,
in case such garnishee refuses to convey
| the same
Sec. II, No action shall be commenc-
! ed by the judgment debt or his assignee,
/ against any such garnishee, from the time
! such garnishce is summoned to appear and
answer. until he has an opportunity to ap-
! pear and answer and in case an action is
! pending for the recovery o any sach mon
ey Or property. at the time of the service
OF any such notice, the garn.shee may OBJ
! tam an order, staying proceedings in such
action until the garnishec can have an op<
/ portunity to appear ard answer, or for
/ such further time as the officer making such
oFder stall deem proper: proUided, houeu4
er that Judge or court commissioned
may, upon the application of Judgment
debtor CT his assignee, upon cause being
shown therefor to the satisfaction of such
Judge or court commissioner, make an Or
! der permitting him to commence an action
against the garnisbee forthwith.
! Sec. Il. When there is more than one
judgment debtor against whom lie exccu-
tion is issued, the earnishee shall be liable
to pay over any money due, aud deliver
property belonging to eiiLer or any of such
| Judgment debtors
Sec. l3. If tie garnshee, in bis or its
answer. deny all Indebtedness or liability
to the Judgment debtor or judgment debt
/ ors, or any Of them, he or it shall recov-
erjadgInent against the Judgment creditor
! in the execution. tor his fees for travel and
attendance. which shall lie the same as
those allowed to witnesses, unless the iudg-
ment crediter shall elect to have a trial on
the issue formed by such answer
! Sec Il, TIE affidavit mel tierad in the
/ first section Of this act, shall be d, emed
/ the complaint in tie action against the
garnishee. and the answer of the garnshce
taken on the examination, shall be the an.
swer IN such action.
! See. 10. In case the Judgment creditor
is not satisfied with the answer of tie gar
nish'e, ard shai elect to have a trial on
the issue formed by such answer, such is
sue between the judgment creditor and
garnishee shall be tired. and judgment
/ thereon rendered, and costs awarded, and
/ execution issued, in the same manner and
with the ike as in ether personal actions;
except that Judgment against the garni-
4 shee shall. exclusive of costs in the garni-
shce suit, not be for greater amount than
the amount due on the Judgment on which
the execution was issued.
Sec, IS. IN case the answer Of the gar.
hi8hee shall be satisfactory to he Judgment
crcditor, ard it shall appear BY it that tho
Z Il.