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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Other editions - View all
A Treatise On the Law of Attachment and Garnishment: With an Appendix ... William Pratt Wade No preview available - 2018 |
Common terms and phrases
absconding affiant affidavit alleged amendment amount appear attached property attaching creditor attachment suit authority bailee Bank Barb bond cause of action chattels claim common law Conn contract court court of equity custody damages debt debtor defective defendant defendant's defraud delivery demand discharge effect erty execution exempt fact failure filed fraud fraudulent garnishee grounds of attachment Heisk held Humph intent 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 release render replevin rule seized seizure service of process sheriff Smith statute statutory sued sufficient summons Supra sureties tachment Tenn third person tion valid void Wend writ of attachment
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...