The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1870-09-08
ner as though rendered in .Nrs county
or such notice Of pendeney shall cease tt
be constructive notice.

. or such notice Of pendeney shall cease
( be constructive notice.
, See. II. (Sec. ESQ., The appearance
term shall not be the trial term +,
equitable actions triable by the fir
method, except in cases in which motto
} has been served sixty days before sue
term, and in which also the answe
shall be merely dental, and the proc
documentary.
See. Is. lSec. 2oo7 If the plealin,
be founded on u written instrument, fo
the payment of money only, and sucl
instrument be in the possession of tn
agent or attorney, the affidavit may b,
made 10y such agent or attorney, SO fa
as relates TO the cause of action thereon
but when relief Is asked other than
money judgment or decree of foreclos
ure, the affidavit must contain aver
ments showing competency, as hereaf
ter provided.
Sec. 10. (Sec. 30o5.) All exhibitions
referred to in tho pleadings, the original
of which are attached thereto, or are Ill.
ed with the pleadings, may be introduc.
ed as evidence on the trial of equitable
causes by the first method, without proof
as to their genuineness, unless the same
have been positively denied under oath
Sec. -. (Scc. 3oo7.) Except where
otherwise provided, causes including
! those brought to foreclose mortgages. and
to enforce vendors lines, and timely
service has been made, unless reasona-
ble Causes for continuance be shown.
Sec. Il. (Scc. 3lSo.) Whenever IL
appears blythe affidavit of the plaintiff,
or 10y the return Of the writ of attach
ment, that no property is known to the
plaintiff or the Office, on which the or
der Of attachment can be executed, or
not enough to satisfy the plaintiffs
claim, and II heirg shown to the Judge
OF any court, by affidavit, that the de-
fendent has property within the State,
not exempt from writ, the defendant
may be required by such Judge to attend
before him or before the court in which
the action is pending, and give infor-
nation on oath respecting his property
Sec. -. (Sec. SOL When the shcr-
itf thinks the property attached in dan
ger of serious and immediate waste and
decay, or when the Keeping Of the same
will necessary be attended with such
expense as greatly to deprcciate the
amount of proceeds to be realized there
from, or when the plaintiff makes atll
davit to that effect, the sheriff may
summon three persons having the quail
| ifi cations Of ofjurors, to examine the same
The sheriff shall givo the de1endcnt, IL
within the county, two clear days no.
tice of such hearing, and he may appear
before such jury and have persona!
hearing. If they are of the opinion
that the property requires soon to be
disposed of, they shall specify in writ
ing day beyond which they do not
deem it prudent that it should be kept
in the hands Of the sheriff. If such
day occur before the trial day, he shall
thereupon give the same notice as for
goods in execution, and for the same
|
the property renders "A more immediate
sale necessary. The sale shall be made
accordingly. If the defendcnt gives his
written consent, such sale may be made
without such finding of three men.
-. s3221) In an action to enforce
a mortgage of, or lien upon personal
property, or for the recovery, sale, or
partition of such property, or by aplain
tiff having "A future estate or interest
| therein, for the security Of his rights,
where it satisfactorily appears by the
appears by the petition, verified on oath
or by ai1iIavts, or the proofs in the
cause that the plaintitfhas a just claim
and that the property has been or is just
about to be sold, concealed, or removed
from the State, or where the plaintiff
states on oath that he has reasonable
cause to believe, and does believe, unless
prevented by the court the property
will be sold, concealed, or removed
from the State an attachment may b'
granted against the property.
l24. (z3227) The attachments in thu
cases mentioned in the two last sections
may be granted by the coutt in which
the action is brought, or by the judge o
any court, upon such terms and condi
tions as to security on the part Of th'
plainti r, for the damages which may
be occasioned by them, and with sucl
directions as to the disposition to be
made of the property attached as may
b. just and proper, under the circum-
stances Of each case.
/. The money arising from the sales
of attached property.
25. Il 3212.) Judgements, b anl
bills, aud other things in action, may
be levied upon and sold, or appropriated
as hereinafter provided, and asgnment
thereof by The officer shall have TIL,
same effect as if made by the defendant
and may be treated as SO made.
227. $685. If the debtor is the heat
Of family, there is further exempt
his homestead, as provided by law; one
cow and calf; one horse, unless hors
has been exempted for him under the