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 1Sumner Whitney & Company, 1886 - Attachment and garnishment |
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A Treatise On the Law of Attachment and Garnishment: With an Appendix ... William Pratt Wade No preview available - 2018 |
Common terms and phrases
action affidavit alleged amendment amount appear attached property attaching creditor attachment authority Bank Barb become bond brought cause claim Conn contract court creditor damages debt debtor defective defendant delivery demand determined direct discharge disposed duty effect essential evidence execution exempt fact failure filed fraudulent give given grounds hands held hold intent interest issued judgment jurisdiction levy liability lien manner Mass matter means ment Miss mortgage necessary non-resident notice objection obtained officer officer's original owner party Pick plaintiff possession prior proceedings purchaser question reason receipt record regarded release remove render residence rule seized seizure served sheriff Smith statement statute statutory subsequent sued sufficient suit summons sureties taken third tion valid writ
Popular passages
Page 146 - State, and that the payment of the same has not been secured by any mortgage or lien upon real or personal property, or any pledge of personal property...
Page 146 - That the defendant is indebted to the plaintiff (specifying the amount of such indebtedness over and above all legal set-offs...
Page 32 - ... may be established against the defendant by the final judgment of the court. But if there is no appearance of the defendant, and no service of process on him, the case becomes in its essential nature a proceeding in rem, the only effect of which is to subject the property attached to the payment of the demand which the court may find to be due to the plaintiff.
Page 356 - State, to the effect that in case the plaintiff recover judgment in the action, defendant will, on demand, redeliver the attached property so released to the proper officer, to be applied to the payment of the judgment...
Page 164 - ... has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...
Page 559 - The defendant may also at any time, either before or after the release of the attached property, or before any attachment shall have been actually levied, apply, on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought, or to a judge thereof, that the writ of attachment be discharged on the ground that the same was improperly or irregularly issued.
Page 164 - In an action upon a contract, express or implied, for the direct payment of money...
Page 30 - In summary proceedings, where a court exercises an extraordinary power under a special statute prescribing its course, we think that course ought to be exactly observed, and those facts especially which give jurisdiction, ought to appear, in order to show that its proceedings are coram judice.
Page 32 - That such is the nature of this proceeding in this latter class of cases is clearly evinced by two well established propositions: first, the judgment of the court, though in form a personal judgment against the defendant, has no effect beyond the property attached in that suit. No general execution can be issued for any balance unpaid after the attached property is exhausted.
Page 356 - ... will, on demand, pay to the plaintiff the amount of any judgment which may be recovered in the action against him, not exceeding a sum specified in the undertaking, with interest. The sum so specified must be at least equal to the amount of the...