Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-08

4aken and appeals and all provisions
for enforcing Judgments, shall be appli-
ca bic lheretO: but when the garnishment
is not in aid of an execution no trial shall
be had OF the garnishee action, until the
plaintiff shall have Judgment in the prin-
cipal action, but the garnishment action
may be noticed for trial at the same term
If issue therein is joined in time; and it
the defendant have judgment, the garni-
shee action shall be dismissed with costs.
The court shall render such judgments in
all cases as shall be just to all the parties,
and properly protect their respective inter-
ests, and may adjudge the recovery of an
Indebtedness, the conveyance, transfer Or
delivery to the sheriff, or any officer ap-
pointed by the Judgment, OF any real estate
or personal property disclosed or found to
be liable to be applied to the plaintiffs de-
mand; or by the Judgment pass the title
thereto; and may therein, or by its order,
when proper. direct the manner of making
sale and of disposing Of the proceeds there
OF, or OF any money or other thing paid
over or delivered to the clerk or officer.
The judgment against a garnishee shall
acquit n discharge him from all de-
mands by the defendant, or his represen-
tatiye, for all money, goods, effects or
credits, paid. delivered or accounted for,
by the garnisfee, by force Of such judg-
ment.
SEC. Is: When the answer of the gar
nishee shall disclose that any other person
than the defendant claims the indebted
ness or property in his hands, and the
name and residence of such claimant, the
court may, on motion, order that such
claimant be interpleaded as a defendant to
the garnishee action; and that notice
thereof, setting forth the facts. with a copy
OF such order, in such form as the court
shall direct, be served upon him, and that
after such service shall have been made,
the garnishee may pay or deliver to the
officer or clerk such indebtedness, or prop
erty, and have a receipt therefor, which
shall be a complete discharge from all
liability to any party for the amount SO
paid, or property delivered. Such notice
shall be served in the manner required for
service of a summons in a civil action, and
may be made without the state or by pub
LEGATION thereof, if the order shall so di-
rect. Upon such service being made, such
claimant shall be deemed a defendant to
the garnishee action, ard within thirty
days shall answer, setting forth his claim,
or any defense which the garnishee might
have made. In case of default, Judgment
may be rendered, which shall conclude any
claim upon the part of such defendant.
SEC. IL. From the time of the service of
the summons upon the garnishee, he shall
stand liable to the plaintiff to the amount
OF the property, moneys, credits, and effects
in his possession Or'under his control be-
longing to the defendant, or in which he
shall be interested, to the extent of his right
on interest therein. and of all debts due or to
as may be, by law. exempt from execution.
ANY property, moneys, credits and effects
held by a conveyance, or title, void as to
the creditors of the defendant, shall be em-
braced in such liability.
Sec. Is. No judgment shall be rendered
upon a liability OF the garnishee arising
either: "
l. By reason of his having drawn, ac-
cepted. made, Endorsed or guaranteed any
negotiable bill, draft, note Or other security.
2. BY reason, of any money, or other
thing, received or collected by him as
sheriff, or other officer, by force of an exc
cution, or other legal process, in favor of
the defendant.
3. BY reason OF any money in his hands,
as a public officer, and for which he is &C
countable to the defendant merely as such
officer.
4. BY reason OF any money, OR other
thing, owing from him to the defendant,
unless before Judgment against the de-
PENDANT, it shall have become due abso.
lutely and without depending on any flu
ture contingency; but Judgment may be
given for any money or other thing owing
after it shall have become due absolutely
and without depending on any future con-
tingency.
SEC. 10. No action shall be commenced
by the defendant, or his assignee, against
a garnishee upon any claim or demand
liable to garnlshment, or to recover any
property garnished, or execution be issued
upon a Judgment in favor of the defendant
against such garnishee, subsequent to the
service of the garnishee summons upon
him, until the termination of the garnishee
action; and, if any action shall have been
commenced or an execution issued; it shall
be stayed by the court or a judge thereof
upon the garnishee's application; except
that upon cause shown, the court or Judge
may by order permit the commencement Of
such an action, or the issue of an execution,
or the further prosecution of one stayed.
SEC. 20. The defendant may, at any time
after the complaint is filed, and before
Judgment, file with the clerk OF tine court
an undertaking, executed by at least two
sureties. resident freeholders Of the state,
to the effect that they will, on demand, pay
to the plaintiff the amount of the Judgment
with all costs that may be recovered
exceeding a sum specified, which sum
shall not be less than double the amount
demanded by the complaint, or in such
less sum as the court shall. upOn applica-
ton direct: The suretles shall justify their
responsibility by affidavit annexed, stating
a sum which each is worth in property
within this state, over and above all debts
and liabilities II property exempt from
execution, the aggregate OF which sums
shall be double the amount specified in the
undertaking. The defendant shall serve a
copy of such undertaking, with a notice
where and when the same was filed on the
plaintiff. Within three days after the re-
ceipt thereof, the plaintiff shall give notice
to the defendant that he excerpts to the
sufficiency of the s%ureties, or he shall be
deemed to have waived all objections to
them. When the plaintiff excerpts, the
s%ureties shall justify in a like manner as
bail upon an arrest. Thereafter all the
Rarnishees shall be discharged, and the
garnishment proceedings shall be deemed
discontinued, and any money or property
paid or delivered to any officer, shall be
surrendered to the person entitled thereto
and the costs shall be taxable as disbursc-
Eents OF the plaintiff in the action, if he
RECEIVERS.
SEC. 81. In case of the trial OF an issue
between the plaintiff and any garnishee,
costs shall be awarded to the plaintiff, and
against the %garnishee. in addition to his
liability, it the plaintiff RECEIVERS more than
the garnishee admitted by his answer; and
If he does not, the garriishee shall recover
costs OF the plaintiff. In all other cases,
under this chapter, not expressly provided
for, the court may award costs in favor Of
or against any party, in its discretion.
When there is no issue for trial, and n
liability on the part of the garnishee is
disclosed, the costs of the garnishment pro-