The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-09-22
VOLUME XLIII.
is adopted 1t does not differ in substance
from chapter SO of the Code of 1871.
cHAPTER 67-ATTAcHMENT.
THE GROUNDS OF ATTACHMENT

THE GROUNDS OF ATTACHMENT
Are the same as prescribed by 1920 of tn
Code of 1871, with two exceptions. In til
9TH cause strike out those troublesom
! words, "or give an unfair preference to som
of them
The other change consists in the additio
of new cause as follows:
Il. That he contracted the debt or in
CURED the obligation in conducting tn
/ business Of ship, steamboat or other waite
craft in some of the navigable waters of thi
state" 24I5.
This new cause Of attachment was per
haps intended to give effect to chapter 50 o
the new Code in relation to Liens on WAITE
Craft. See comments on that subject in ar
tcle No. Z.
THE AFFIDAVIT
May be made by the creditor. his agent, OIL
attorney, before a Judge of the supreme
court, circuit judge, chancellor, circuit OF
chancery clerk, who shall, after taking bond,
issue the writ Z 2415-2418.
1922, Code 1871, requiring a conjunc-
tive statement of the grounds of attachment,
is omitted. This works very material
change The creditor, under the new law,
may allege several grounds, and sustain the
attachment upon proof of either.
THE WRIT
Shall not be quashed or abated for want of
form, if it contains the substantial matters
required 2419
1870, Code 1871, is 50 amended as to
require the garnishee summoned to answer
in writing, under oath. "And summons
of garnishment may be issued to any eoun-
ty." Z 2422.
8 1874, Code 1871, is also amended so as
to bind money or effects of the debtor COM
ing into the hands of the garnishee after
being summoned. 2423.
3 1893, Code 1871, which authorized the
officer to demand bond of indemnity be-
fore serving writ of attachment, is omit
ted This section was repealed. Laws 1873,
page 1913.
PLEA IN ABTENIENT
May be fled by the defendant traversing
the grounds of attachment, and a trial shall
be had substantially as directed by the Code
of 1871 Z 2429.
The defendant may give evidence of
f'actual damages" sustained by reason of the
issuance Of the attachment. If the issue
be decided in his favor, tbe attachment shall
be discharged and judgment entered On the
bond foF the damages and costs. 2430.
JUDGMENT F0A EAMAGEs.
~ 2433 The judgment in favor of the
defendant against the plaintiff for the dam
ages assessed and the costs, may be pleaded
by the defendant as a payment, in the same
action, or in any other suit on tie same
cause of action on which the attachment
was zued out. No execution shall be issued
on such Judgment until after the dismissal
of the action or final judgment on the merits.
If the action shall be dismissed, or az, upon
= trial on the merits, Judgment shall be in
favor OF the defendant, without his having
obtained the bemeG Of the judgment in his
favor for DANA yes and costg, as aforesaid, he
shall have execution of said Judgment in his
favor. IF the plaintiff shall recover in the
trial on the merits, and on such trial the
defendant did not avail of his judgment
against the plaintiff for damages and costs,
the greater recovery shall be credited with
the sum of the smaller, and judgment shall
be rendered by the court in favor Of the
party to whom the difference may be due"
ACTION PROCEEDED WITH.
u 2434. If the issUe on plea in abate-
ment be found for the defendant, the attach
ment shall be thereby discharged, and sll
seized under it, and all persons
summoned as garnishees shall be released
from it, bus til action, unless dismissed by
the plaintiff, shall be proceeded with, in all
respects, as if it had been an ordinary ac~
ton in its commencement. and the costs ac-
cruing in it, after the triai of the issue on
the plea in abatement, shall abide the re-
suit of such action"
ATTACHMENT PRESERVED BY APPEAL.
"S 2435. If the plaintiff, within five
days after the expiration Of the term of the
court at which Judgment is rendered dis
his attachment, shall perfect an
appeal from such judgment, the attachment
shall not be discharged, nor garnishees nor
property be released therefrom by such
juegQent, but such appeal shall preserve
the attachment in full force, to await the
result of the appeal"
This section does mot requirs t1AE 2
supersedeas bond should be given to obtain
tbs appeal
PLEADINGs.
s 244i. The declaration nav be filed on
or before the return day of the attachment
or before any order of non pros. be taken,
and the defendant shall plead thereto, as in
other cases, except that when he has plead
ed ia abate4ept of the attachment, he shall
not plead to the action until the issue made
by the plea in abatement has hseq disposed
of"
GARNISHMENT; SERVICE.
It shall not be necessary to furnish a gar
nishee wiGh a copy of the writ of attach
ment. 1t shall be read to him, if he requires;
and he shall be informed. by written notice,
if he demands it, what he is to answer.
A return of Summoned" certain persons
as garnishees shall be sufficient. 2443-4
COMPENSATION OF GARNIsHEE.
In 1454, Code 1871 strike out the
words, "by the court reasonable satisfac-
tion and to said section add: ''the pay
and mileage Of q Juror, and in exceptional
cases rendering it proper, the court may
allow the garnishee reasonable eompensa-
ton additional to the foregoing, and 10 be
obtained in the same way" 244S.
EXECUTORS Nd ADMINISTRATORS
To 8 1885, Code 1871, add: ;'apd they may
be garpished as having effects due to lega-
tees or distributes, but no Judgment shall
be rendered against them in such case, ex-
cent with their consent, until final settle
ment of the estate" 3 2457.
"IF ANY GARNIsHEE SHALL DIE,
Like proceedings may be had as provided
If TT
action" 3 PASS.
With these changes, the law of the Code
of 1871, relating 90 punishment, is adopted
in full
ATTACHMENT FOR DEBTS NOT DUE.
In , 1455, Code 1871, after the word afi-
davit, in second line, add: ''of any of the
three last particulars specified in this act a.
grounds for an attachment, or" 3 2459.
rt. =: ,arw uaaful and important