Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-08
~GARNlSHMENT LAW.
TIT. r. M. 1dhl

An Act Entitled IAN Act to Establish a
GaTnishment Law for the State of North
Dakota.
Be 1t enacted, etc.:
SECTION l. Any creditor shall be en-
titled to proceed by garnishment, in any
court having jurisdiction OF the subject of
the action, against any person Except a
public corporation) who shall be indebted
to, or have any property whatever, real or
control, belonging to such creditors debtor,
in the cases, upon the conditions and in
the manner prescribed in this chapter.
The term plaintiff is used in this chapter
to embrace every judgment creditor, and
the term defendant a Judgment debtor.
SEC. 2. Either at the time of the issuing
OF a summons, or at any time thereafter
before final Judgment, in any action to re-
cover damages founded upon contract, ex-
press or implied, or upon Judgment or de
cree, or at any time after issuing, in any
case. OF an execution against property, and
before the time when iJ is %returnable, the
plaintiff, or some person iu his behalf. may
make an affidavit stating that he verify be-
lleves that some person, naming him, is in
deDted to-, or has property, real or personal,
in his possession, or under his control, be-
longing to the defendant, or either or any
OF the defendants, in the action or execu.
ton, naming him, and that such defendant
has mot property in this state liable to exc
cutlon, sufficient to satisfy the plaintiffs
demand, aud that the Indebtedness or
property mentioned in such affidavit is to
the best OF the knowledge and belief Of
the person making such affidavit, not by
law exempt from seizure or sale upon exc
cution. Any number OF garnishees may
De embraced in the same affidavit, but if a
joint liability be claimed against any, it
shall be so stated, and the garnlshees
r1anbn6 oc int III. - I1 on--~
JOINTLY. proceeded against; otherwise the
several g%arnishees shall be deemed sever
ally proceeded against.
SEC.3. The plaintiff shall annex or sub
join to such affidavit a garnishee summons,
which shall be substantially in the follow
ing form:
A.. B, plaintiff, VS.. c. D., defendant, E. +,
garnishee.
rhe State of North Dakota to the said
You are hereby summoned, pursuant to
the annexed affidavit, as a garnishee of the
defendant, G. D., and required within
thirty days after the service of this sum-
mons upon you, exclusive of the day of
service to answer, according to law,
whether you are indebted to, or have in.
your possession or under your control, any
property, real or personal, belonging to
SASA ~lu w u SOpY VI NOuI
answer on the undersie ned at ...........
in the county of ....: and in case
of your failure so to do, you will be liable
to further proceedings, according to law:
of which the said defendant will also take
notice.
L. NJ, Plaintiffs Attorney,
4. y: address,. ....... s...... County, N. ID.
SEC. 4. Such garnishee summons and
affidavit may be served by the sheriff Of
the county, where any garnishee or de-
PENDANT may be found, or by any other per-
son not a party to the action. The service
shall be made and the same returned, with
proof of the service, to the person whose
name is subscribed thereto, with reason
able diligence. The person subscribing
garnishee summons, may, at his OPP
ton, by an endorsement thereon, fix a
time for the service thereof, and the SER
shall then be made accordingly.
SEC. 5. The garnishee summons and
annexed affidavit shall be served OH each
of the several garnishees named, in the
manner provided for service of a summons
in an action; and, except where service of
the summons in the action is made with
out the state, or by publication, also on the
defendant to the action, in like amer.
either before, or within ten days after, SER
vice on a garnishee. When the defendant
shall have appeared in the action by an at
torney such service may be made upon
such attorney or upon the defendant. I'm
less the garnishee summons be so served
on The defendant or his attorney, in &C
c0rdance with the provisions of this Sec
,tton, the service on the garnishee shall be-