Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-08
come void and Of no effect from the be-

ner subsequently proceed within the
period limited, against other garnisheys
or against the same garnishee after they
shall have once been discharged. upon a
new affidavit, if he shall have rea-
son to believe they have subse-
quently become liable: and he may
summon garnishees resident in other coun
ties b that in which the action is pend
ing; but it an issue for trial shall be Joined
between the plaintiff and such garnishee,
of trial of such issue to the county Of the
garnlshee's residence.
SEc.7 If. the plaintiff shall not within
ten days after demand for a copy of the
complaint serve upon the garnishee or his
attorney, except in case OF punishment
showing the amount of the indebtedness
Of the defendant in the action to the plain
tiff, the proceeding against the garnishee
shall be dismissed. on motion of the garni-
shee, with costs, unless the court, or a
judge, shall in discretion, and upon terms,
permit the same to stand.
SECS. Within thirty days after the SER
vice of such garnishee summons, the gar
nishee may, it the truth warrants, file with
the clerk OF the court in which the action
IS pending, and serve a copy thereof upon
the plaintiff, his affidavit in the following
form, substantially:
a. b.. plaintiff, vs.. G. D defendant, and T..
F.. g%arnishee. ............ County, IS.
r., being duly sworn, says that on the
$1,000. day OF :............ A. D. b..
he was served with a garnishee summons
in the above entitled action; that he was
then and is now in no manner, and npon
liability 10 the defendant (naming him),
n that he then and now has IN his pos
session, or under his control, no real estate
and no personal property, effects or credits,
of any description whatever, belonging to
said defendant, or in which he has any in
terest; and is in no liable as gar
nishee in this action.
Subscribed and sworn to before me this
..:;.... Gay or .........:.., A. ID. b..
Thereby the proceeding against such
garnishee shall be deemed discontinued,
and the plaintiff shall pay the garnlshee
ST. for his costs, unless within thirty days
thereafter the plaintiff serve notice on such
garniShee, that he elects to take issue on
his answer to the garnishee summons and
will maintain him to be liable as garnishee,
in which case the issue shall stand for
trial as a civil action, in which the affidavit
on the part of the plaintiff shall be deemed
the complaint, and the garnishee's affidavit
the answer thereto.
SECS. Unless the garnishee shall make
the affidavit provided for in the preceding
section, he shall, within thirty days from
the service OF the garnishee summons. file
and serve in like manner. an affidavit, in
which he shall state:
l. Whether he was, at the time of sery-
ice Ut the garnishee summons, or has since
become indebted, or under any liability to
the defendant named in the garnishee sum
mons, IN any. manner upon any account,
specifying, il indebted or liable, the amount,
the interest thereon, the manner in which
evidenced, when payable, whether an abb
solute or contingent liability, and all the
facts and circumstances necessary to a
complete understanding of such indebted
ness or liability. When the garnishee
shall be in doubt respecting any such liza
bility. or Indebtedness. he may set forth all
the facts and circumstances concerning
the same, and submit the question to the
court.
2. Whether he held at the time aforesaid,
or now holds the title or possession OF any
real estate. or any interest in land of any
description, or of any personal property.
effects or credits, or any instruments or
defendant, or in which he is in any wise
interested. And il he shall admit any such
or be in any doubt respecting this same, he
shall set forth the description of such prop.
erty, and all the facts and circumstance
concerning the same, and the title, interest
or claim OF the defendant in or to the same
3. If he shall claim any setoff or defense
to any Indebtedness or liability, or any lien
or claim to said property, he shall set forth
the facts and circumstances thereof fully.
4. He may state any claim of exemption
from execution on the part of the defend
ant, or other objection, known to him,
against the right of the plaintiff to apply
upon his demands, the indebtedness or
property disclosed.
5. Ii he shall disclose any indebtedness,
or the possession of any property to which
the defendant, and any other person as
we'll, make claim, he may set forth the
names and residences of such other claim
their claims.
SEC. 10. If any garnishee, having been
duly summoned, shall fail to serve his aft
davit, as required in the preceding section,
the court may render Judgment against
him for the amount of the Judgment
Which the plaintiff shall recover against
the defendant in the action for dam.
OF such garnishee action. Such garnishee
may also be proceeded against, as for a
contempt, according to the provisions of
Chapter 80 of the Code of Civil Procedure.
SEC. IL. In case the answer Of the gar
nishee shall show Indebtedness to the de-
PENDANT, he may pay the amount thereof,
less three dollars for his costs, to the officer
action. if any, or otherwise to the clerk of
the court; Or, it the garnishment is in aid
OF an execution, to the sheriff having the
execution; and the officer to whom such
payment is made shall give him a receipt
specifying the facts, and such receipt shall
be a complete di ,charge Of all liability to
any party for the amount so paid. If the
answer disclose any money, credits or
other property, real or personal. in the pos.
session, or under the control of the gar
nishee, the officer having a writ OF attach.
ment, or an execution, if any, may lew
upon the interest of the defendant in the
same; otherwise the garnishee shall hold
the same until the order of the court
thereon.
SEC. IL. The answer of the garnishee
shall, in all cases. be conclu i've of the
truth OF the facts therein stated, unless the
plaintiff shall, within thirty days, serve
upon the garnishee a notice, in writing,
that he elects to take issue on his answer;
in which case the issue shall stand for
trial as a civil action, in which the affidavit
on the part OF the plaintiff shall be deemed
a complaint u the garnishee's affidavit
the answer thereto. Tue plaintiff may in
all cases move the court, upon the answer
of the garnishee. and of the defendant, if
he shall also answer, for such Judgment as
he shall be entitled to thereon, but any
such Judgment shall be nc bar beyond the
facts stated in such answers.
SEC. Is. The answer of a corporation
summoned as a g%arnishee, may be made
by any officer thereof; and of any
other garnishee, by any agent or attorney,
| in his hpha|f WIN shall hn ao0uaintad with