The weekly Arizona miner., 1878-10-04
IMPORTANT TO LAWYERS AND BU-
 SINESS MEN.


 touching ihe coneeaIment of property iron attachment seizure. The opinion hold that, ia an attachment proccediny,' de ! fcndant cannot be examined toIchiBg lii property, except upon proceedings of gara 1 ishnens against third persons holding prep ! erty, or credit, of the deieadlnt
 We give the desision in full, because it i> of interest 0 the bar and to business men generally.
 G. \. DEHLow rs. E. R BEHLOw An order was made directing the defend ant to appear at Chambers. and be there ex- amined touching the condition, character and amount of his property.
 The affidavit supporting the order alleges that writ of attachment has bean issued that the sheriff has not discovered sufficient property 10 satisfy lIIc attachment demand, and that the defendant has property, sub ject to attachment seizure, which he con ceais from the sheriff.
 Upon return tO the order, the defendant appeared, and without conlIoverting the allegations of the affidavit, refused to sub init to examination, and movei the dismls- sal ot the order, upon the grOuud that 1t Is issued without warrant of law.
 Plaintiffs application for the eXamina- ton is based upon Section 2jG4 of the Compiled Laws, which is as follows:
 Any person owing debts Jo the defend ''ant, or having in his possession, or under ''his control, any credits, or other personal 'prOrerty, belonging 10 the defendant, may ''be required to attend, before the Court or Judge, and be examined on oath. respect ling the same. The defendant may also "be required 10 attend, for the purpose of giving information respecting his prop "erty; and may be cxamiced or oath. The 1 Court or Juuge may, after such cXamina- | ''tion, order personal property, capable of manual delivery, 70 be delivered to the sheriff, on such terms as may be just, hay { ring reference tO any liens thereon, or l. ''c!aimS against the same, and memoran- ] ''dum to be given, of all other personal ', property, containing the amount and de- "Scription thereof
 Eliminating from the foregoing the len- guagc relating to the cxaninat on of the (s:,- fendant, and then reading Sections 2,si2, 2j53, 256j and 2564 together and in the order stated. 1t becomes evident that the sole object of these Sections is to reac4s the ! effects or credits in the hands of third per sons, and secure them to the satisfaction of |, the attachment demand.
 Section 2562 prescribes the mode of lew and for warning to the holder of the prop i srty, that the rights of the attachment 1 iebtor thereto are, for the time being, sus- ] pended. Section 2563 transfers the right to the 1 property, existing in favor of the attach ncnt debtor, to the attaching creditor.
 Secuon 2JG3 directs the holder of such property or credits to give to the sheriff a {. memorandum stating tine amount and de- ! 'cnptlon of each, and, upon refusal. | ;hargeS him wi;h the costs of any proceed 1 ngs necessary for the purpose of obtaining information respecting tine amount and de crptlon of such debt or credit
 Section 25G4 permits the examination of he person holding the property or credits. md authorizes the Court or Judge to com IeI, by order, the delivery of ali property, 'apable of manual delivery, to the sheriff.
 Thus lar these Sections are in perfect ha,.- nony, are complete as to @arnishmeat, and rc exclusive Of every other matter. What hen Is tic meaning or interpretation Of the provision in Section 2JG4 t. the effect .that he defendant may also be required 10 a;- end for thc purpose of giving information expecting his property, and may be eX- mined on oath /"
 The examination Of the person holding he property or credits is for the purpose f discovering its amount, character and tatus. In the nature of things. whether , uch property is held in pursuance of bona , de business obligations, or for the puY 'o'e of fraudulent cGncealment, the best , nd most ab!cint0rmatiol is generally. nd sometimes exclusively, lodged with q he holder and thc attachment debtcr Ii 5 Tor the disclosing of that information :, nat the holder of the property k forced to !, u0mt f0 examination; and It would seem |, ut reasonable, that when the legislator has <, T view, the means for the discovery of in !, that all the parties from whom | ach information can reasonably be obtained, | lJu!d be included within this rule. and cs- ', ccially so Tn eases, wien the interests ogthc , arNes In relation to tie subject matter, gre intimately connected as they gre in a rocecdng like that contemplated by these 'ctlons. This 1 think is the evident ia s 'ntlon ot that part of section 2564, which | rov!des for thc examination f~the de- { ,ndant. It is the examination of the per | 'n holding the property or credits. upon Q proceedings, that the "aefend T lt may also be required to atteud;" and $ le provision does not in my judgment. con- } mpIate the independent examination of l Ie attachment deb.or. The language of h e section when stripped of it's vcrbiarc is. W my person owing debts to the defendant W ny be required to attead and be examined. d he defendant may a.so be required to at A hd for the purpose of giving information. a ms language taken in connection with the [ neral and single purpose of the sections s ted, makes the construction giyenit obvious = like construction, was given, by .he Su- II eme Court of California to section U of G c Civil Co-e of Procedure of that State. ta lat section and sections of the Cali lc 'nla Code of Civil Procedure are identical b tn the sections of our Compiled Laws ii at have cited. See Ex. Parte Rickleton. to Gal, 3l6. From these views must hold at the order issued, is without authority III law, and upon defendants motion 1t is re cated with the costs of this proceeding b ainst the plaintiff.
 CHAs. SILENT,
 Associate Justice. h; Sept 2sth, 1878. su
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