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 Inforce Governing Suits by Attachment
Bancroft-Whitney and Company, 1886
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accepted action agent amount answer appear applied assignment attachment authority Bank bill brought capacity charged charged as garnishee claim complete Conn consideration contract corporation Court creditor credits debt debtor decided defendant defendant's deliver demand direct doctrine effect entitled evidence execution exemption fact failure favor fund garnishee's give given ground hands held hold indebted indebtedness interest Iowa issue judg judgment jurisdiction liability manner Mass matter means ment negotiable nishee notice objection obtained officer original owner paid party payment pending person Pick plaintiff position possession present principal defendant prior proceeding process of garnishment protected question reached reason received regarded relation rendered respect rule seems served Smith statute subsequent sufficient suit summoned as garnishee taken third tion transfer trustee valid
Seite 144 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Seite 694 - The plaintiff, at the time of issuing the summons, or at any time afterward, may have the property of the defendant attached, as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment, as in this chapter provided, in the following cases : 1.
Seite 417 - In common law causes in the Circuit and' District Courts- the plaintiff shall be entitled to similar remedies, by attachment or other process, against the property of the defendant, which are now provided by the laws of the State in which such court is held, for the courts thereof...
Seite 635 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Seite 613 - All persons having in their possession, or under their control, any credits or other personal property belonging. to the defendant, or...
Seite 492 - If after selling all the property attached by him remaining in his hands, and applying the proceeds, together with the proceeds of any debts or credits collected by him, deducting his fees, to the payment of the judgment, any balance shall remain due, the sheriff shall proceed to collect such balance as upon an execution in other cases.
Seite 655 - ... upon a contract, express or implied, for the direct payment of money, and that such contract was made or is payable in this State, and that the payment of the same has not been secured...
Seite 649 - Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors...
Seite 632 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Seite 418 - ... the debts due to the United States shall be first satisfied ; and the priority established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor arc attached by process of law, as to cases in which an act of bankruptcy is committed.