The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-26
CODE OF Observation-Disclosures.

by proceeding as provided in Section
one hundred and fifty-nine, those who
were not originally summoned to answer
the complaint may be summoned to show
cause why they should not be bound by
the judgment, in the same manner
as If they had been originally sum-
moned.
Sec. 393. Iu case of the death of a
Judgment debtor, after Judgment, the
heirs, devisees or legatees of the iudg-
ment debtor, or the tenants of real pro
perty owned by him and affected by the
Judgment, may, at any time within three
years from the time of granting letters
testamentary or of administration upon
the estate of the testator or intestate. be
summoned to show cause why the iudg-
ment should not be enforced against The
estate of the judgment debtor in their
hands respectively; and the personal
representatives of deceased Judgment
debtor may be summoned at any time
within one year after their appoint
ment.
Sec. 394. The summons provided in
the last two Sections shall be subscribed
by the judgment creditor. his representa-
tives or attorney, shall describe the
Judgment, and require the person sum-
moned to show cause within twenty days
alter the service of the summons; and
original summons.
Sec. 395. The summons shall be ao-
companied by an affidavit of the person
subscribing it, that the Judgment has
not been satisfied, to his KNOWLEDGE or
information and belief, and shall specify
the amount due thereon.
Sec. $780, Upon such summons any
party summoned may answer within the
time specified therein, denying the judg-
ment, or setting up any defence thereto,
which may have arisen subsequently, to
such judgment; and in addition thereto.
IT the party be proceeded against ac-
oording to Section three hundred and
ninety-two, he may make any defence
which he might have made to the ac-
tlon, If the summons had been served
on him at the time when the same was
originally commenced, and such defence
had been then interposed to such &C
ton.
SEC. 397. The party issuing the sum-
mons may demur orreply to the answer,
and the party summoned may demur to
the reply; and the issues may be tried
and judgment may be given in the same
manner as in an action, and enforced by
execution, or the application of the pro.
perty charged to the payment of the
Judgment may be compelled by attach
ment, if necessary.
SEC. 3G9. Tie answer and reply shall
be verified in the like cases and manner,
and be subject to the sumo rules, rs the
answer and reply in an action.
CHAPTER III.
CONFESSION OF JUDGMENT WITHOUT AC-
TIoN.
SECTION 399. Judgment may be con-
fessed for debt due or for contingent
liability.
SEC: 400. Statement in writing, and
form thereof.
SEC. 401. Judgment and execution.
SEC. 800. A judgment by confession
may be entered, without action, either
for money due, or to become due, or to
secure any person against CONTINGENT
liability on behalf of the defendant. or
both, in the manner prescribed by this
chapter.
SEC. 400. A statement in writing must
be made, signed by the defendant, and
verified by his oath, to the following
effect:
l. 1t must state the amount for which
judgment may be entered, and autho-
rize the entry of judgment therefor.
2 Ii it be for money due or to become
due. 1t must state concisely the facts out
OF which it arose, and must show that
the sum confessed therefor is Justly due
or to become due.
g. If it be for the purpose of securing
the plaintiffagainst contingent liability,
it must state concisely tue facts consti-
tuting the liability, and must show that
the sum confessed therefor does not ex
cecil the same.
SEC 401. The statement may lie filed
with County Clerk, who shnll endorse
upon 1t, and crter in the Judgment
Book judgment for the amount con
fessed, with five dollars cost, together
with disbursements. The statement and
affidavit, with the judgment endorsed,
shall thereupon become the Judgment.
roll. Executions may be issued and en-
forced thereon, in the same manner as
upon judgments in other cases in such
Courts. When the debt for which the
judgment is recovered is not oil due. or
is payable in installments. and the in.
stallments are not all due, the execution
may issue upon such iudpment for the