The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1862-05-22

| Sec. IL. No action shall be commenced oy th'
Judgment debtor or his assignee, against any suct
earnishee from the time such garnshee Is summon
| ed 10 anpear and answer, until he mas an oppor
tnn+, ~ enDear end answer and IN case an actor
/ i re1dinO for the recovery OF any such money Of
! prnperty at the time OF the service OF anV suct
pofiee the garnishee may obtain an orcer,Ftaylne
,roceedings in such action until the garnshee car
have an opportunity to appear and answer, or for
such further time the officer making such order
shall deem proper: pr0Uldef, ho7cerer that Judge
or court commissioner may, upon the application
of the Judgment debtor or his assignee, upon cause
being shown therefor 10 the satisfaction of such
Judge or court COMMISSIONS. m9ke an order per
hitting him to commence an action against the
garrishee forthwith.
Sec H. When there is more than one Judgment
debtor against whom the execution IS issued, the
garnishee shall be liable to pay over any money
due, and deliver property belonging TO either or
any of such judgment debtors
Sec. 10. If the garniehee, in his or It's answer
deny all indebtedness or liability 10 the judgment
debtor or Judgment debtora. or auy Of them. he or
it shall recover judgment against the judgment
creditor in the execution for his tees and
attendance which shall be the same as those al
lowed to witnesfes, unless the judgement creditor
shall elect to have trial on the issue formed by
fsuch answer.
Sec. H. The affidavit mentioned in the first
section OF this net shall be deemed the complaint
III the action against the ggrnishee, and The ans
wer Of the gsrnishee. taken on the examination.
shall be the answer IN such actlOn
Sec. Is. In case the judgment creditor is net sat.
ished with the answer of the garnishee. and shall
elect to have trial the issue formed by such
ans yer such issue between the Judgment creditor
and garnishee shall be tried and judgment thereon
rendered and costs awarded, and execution issued
in the same manner and with the Ike as in other
personal actions, except that judgment against the
garnishee shall exclusive of costs in the garnshee
suit, not be for greater amount than the amount
due on the judgement on which the execution was
issued.
Sec I6 In case the answer of the garnishee shall
be satisfactory 10 the judgment creditor, and It
shall appear by it that the garnshee was indebted
10 the judgment debtor, or had in his possession
property Of the judgment debtor, which has not
been paid over or delivered the officer, as pro
vdad in section seven of this act. the court shall
render judgment against the garnishee according
70 the merits If the case, in the manner provided
i'll section nine Vi this act.
Sec. H. If it shall appear upon the answer o! the
gasnshee or from the fading Of the count or jury
en- the trial of the ISSUE that the garnishee s liable
20 deliver to the Judgment debtor certain specific
property, or TO pay him any money at future day,
unless the payment of such money Is secured by q
negotiable note, the court may render Judgment
against the garnishee, without costs requiring him
to deliver such property, or to pay such money
over to the sheriff at such time he may be liable
to deliver such property or pay such money.
Approved April 5, 1862.