A Treatise on the Law of Attachment and Garnishment: With an Appendix Containing a Compilation of the Statutes of the Different States and Territories Now in Force Governing Suits by Attachment, Volume 1

Front Cover
Sumner Whitney & Company, 1887 - Attachment and garnishment
 

Selected pages

Contents

Order of priority between attaching creditors
75
To what extent attachment satisfies the debt
81
Attaching creditors rights affected by legislation 36 Rights of defendants coowners in attached property
82
Rights of intervenors
84
CHAPTER IV
87
Avoiding process
88
Absence
89
How jurisdiction of the person of defendant is obtained 45 The statutory substitute for personal service considered as an element of jurisdiction
98
Collateral attack upon judgments for want of jurisdiction 47 How want of jurisdiction should appear to render the judgment void
106
CHAPTER V
109
THE AFFIDAVIT
111
Defendants
112
General requisites of the affidavit when prescribed by statute 56 Substantial and literal defects or omissions 57 Omissions that utterly nullify the affi...
118
The affiant
127
Certainty of statement required when affidavit made by plaintiff
128
By whom oath administered
131
Entitling affidavit Names of parties 62 Relative time when affidavit should be made
133
Filing the affidavit 64 The general contents of the affidavit
135
The nature of the demand
138
66 The amount sued
139
Whether the demand is due or to become
141
The justice of the demand
142
That the action is not to vex or harass the debtor nor to hinder delay or defraud his creditors
143
That defendant has attachable property
144
That plaintiff holds no valuable security by mortgage lien or pledge 72 Waiver of defects and amendment of affidavit
147
The effect upon the action of insufficient affidavit
151
CHAPTER VII
154
Departure from the State
192
Removal of property from the State
194
Disposing of transferring assigning or secreting property
195
The grounds should bo alleged distinctly 94 Positive statement of grounds
201
Evidence of disposal etc of effects
202
The intent to hinder delay or defraud
203
Evidence of fraudulent intent
207
Debts fraudulently contracted
210
Obligations criminally incurred 100 Failure to pay for an article on delivery according to contract
212
CHAPTER IX
237
When the writ issues
238
The effect of the writ 120 By what authority it issues
239
Formalities essential to the writ
240
To whom issued To several counties simultaneously 123 Amendment and waivers of defects
242
CHAPTER X
245
CHAPTER XI
292
CHAPTER XII
296
CHAPTER XIII
299
CHAPTER XIV
332
CHAPTER XV
366
CHAPTER XVI
428
CHAPTER XVII
469
CHAPTER XVIII
490
CHAPTER XIX
506
The order of publication
514
Contents of notice
515
The period of publication
519
Levy essential to give effect to publication
520
Proof of publication
522
Other substitutes for personal service 275 How failure to publish taken advantage
524
CHAPTER XX
527
CHAPTER XXI
544
CHAPTER XXII
565
CHAPTER XXIII
587
The question of probable cause
595
The grounds of belief Advice of counsel 315 Effect of subsequent rightful attachment on same property
597
Malicious attachment by agent
598
Measure of damages
599
318 Facts considered in mitigation of damages 319 The form of action
601
At what time the action may be brought
602
The pleadings
603
322 Evidence
605
Waiver of right of action for malicious attachment
607
324 Reconvention
609
Copyright

Other editions - View all

A Treatise on the Law of Attachment and Garnishment: With an ..., Volume 1
William Pratt Wade
Full view - 1886
A Treatise on the Law of Attachment and Garnishment: With an ..., Volume 1
William Pratt Wade
Full view - 1887
A Treatise On the Law of Attachment and Garnishment: With an Appendix ...
William Pratt Wade
No preview available - 2018
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Common terms and phrases

absconding affiant affidavit alleged amendment amount appear attached property attaching creditor attachment suit authority bailee Bank Barb bond Branch Bank cause of action chattels claim common law Conn contract court court of equity damages debt debtor defective defendant defendant's demand disposed effect erty essential execution exempt fact filed fraud fraudulent garnishment grounds of attachment Heisk Humph issue judgment jurisdiction levy liability lien Mass matter ment mortgage non-resident notice obligors officer officer's owner party personal property Pick plaintiff plea in abatement possession prior proceedings prop property attached purchaser question real estate reason receipt receiptor remedy render replevin residence rule seized seizure service of process sheriff Smith statute statutory subsequent sued summons sureties tachment Tenn tion valid void Wend writ of attachment

Bibliographic information

TitleA Treatise on the Law of Attachment and Garnishment: With an Appendix Containing a Compilation of the Statutes of the Different States and Territories Now in Force Governing Suits by Attachment, Volume 1
A Treatise on the Law of Attachment and Garnishment: With an Appendix Containing a Compilation of the Statutes of the Different States and Territories Now in Force Governing Suits by Attachment, William Pratt Wade
Making of modern law
AuthorWilliam Pratt Wade
PublisherSumner Whitney & Company, 1887
Original fromThe Ohio State University (MORITZ LAW LIBRARY)
Digitized5 Mar 2015
  
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