Code Practice and Remedies: In Courts of Record in Civil Cases in the Western States, with Forms, Compiled for Use in the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming, Band 3

Bancroft-Whitney Company

Bancroft-Whitney, 1927 - 10390 Seiten

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Inhaltsverzeichnis

Index

Inhalt

PART VII	2219

CHAPTER I	2221

PART VIII	2222

Priorities Between Attachments and Other Claims	2223

Nonexempt Property Intended to be Converted into Exempt Prop erty	2229

CHAPTER II	2231

Rendition	2234

Signing Judgment or Record	2236

Award	2958

Judgment on Award	2959

Action on Award	2961

Impeachment of Awards	2963

Vacating Award on Motion	2965

Modifying Award	2967

Appeal	2969

FORMS No 372 Submission Agreement	2971

Time and Place of Rendition	2238

Issues Undisposed	2239

Judgment in Vacation 1717 Judgment at Chambers	2240

Rendition or Entry on Sunday or Holiday	2241

Direction for Entry Nunc Pro Tunc 210 Notice of Entry of Judgment 210a Motion in Arrest of Judgment	2268

210b Order Granting Motion	2269

CHAPTER III	2270

FORMS No 211 Judgment of DismissalAnother Action Pending 212 Judgment on Trial Without JuryJudgment Payable in Gold Coin 213 Judgment ...	2271

CHAPTER V	2321

CHAPTER IV	2328

Warrant of Attorney	2338

Judgment by Consent or on Offer 1786 Judgment by ConsentDistinctions	2339

Who may Consent	2340

Entry and Scope of Judgment	2341

Effect and Review	2342

Vacating or Modifying	2343

Offer of Judgment	2345

FORMS No 228 Written Offer of Judgment	2346

Acceptance of Offer 230 Proof of Notice of Acceptance 231 Judgment on Written Offer	2347

Offer to Liquidate Damages 233 Acceptance of Offer to Liquidate Damages 234 Notice of Offer to Confess Judgment 235 Offer in Open Court to Co...	2348

Judgment on Confession in Open Court 237 Verified Statement for Confession of Judgment	2349

Judgment on Statement 239 Warrant of Attorney	2350

Complaint or Petition on Note With Warrant of At torney 241 Answer Under Warrant of Attorney	2351

Judgment Under Warrant of Attorney	2352

What Constitutes Default 1793 In What ProceedingsSuits in Equity 1794 Against Whom may be Taken 1795 Failure to PleadGenerally 1796 Failure ...	2353

Record	2384

FORMS	2396

Affidavit for Default	2397

Application to Clerk for Entry of Default 245 Entry of Default 246 Notice of Application for Judgment	2398

Judgment by Default 248 SameUpon Application to the Court	2399

SameUpon Publication of Summons 250 Notice of Application for Judgment on Admitted Part of Claim 251 Statement Admitting Counterclaim	2400

Judgment for Excess Over Admitted Counterclaim	2401

CHAPTER VI	2402

CHAPTER VII	2405

Other Claims Generally	2426

Judgments	2427

Executions	2428

Conveyances	2429

Mortgages of Realty	2430

Chattel Mortgages	2431

RELIEF FROM JUDGMENT 1846 Power to Open or VacateSeverally 1847 GroundsStatutes 1848 After Appeal 1849 Satisfied Judgment	2432

Affidavit in Support of Motion to Vacate Judgment 257 SameJudgment on Constructive Service 258 Petition to Vacate Judgment 259 Order or Vacat...	2433

Notice	2450

Summons	2455

Time for ApplicationStatutes	2456

Motion Based on Nonstatutory Ground	2459

Reasonable TimeLaches	2460

What Constitutes ApplicationNecessity for Determination Within Statutory Limit	2461

Estoppels Arising from Execution of Undertaking	2462

Affidavits or Proof	2463

Showing as to Grounds or Excuse	2464

Showing of MeritsNecessity	2465

Limitations and Exceptions	2466

JudgmentDamages	2467

Nature and Sufficiency of Showing of Merits	2468

The AffidavitBy Whom MadeForm	2469

Amount	2470

Pleading or Proposed Pleading as Showing Merits	2471

What is Meritorious Defense	2472

Countershowing	2473

Stay of Proceedings on Judgment 1875 DiscretionReview	2474

Discharge of Sureties	2475

Estoppels Arising from Execution of Undertaking	2476

Return of Execution as Prerequisite to Action on Undertaking	2477

Principles Governing Exercise of Discretion	2478

Hearing and Determination	2479

Defenses	2480

Conditions on Relief	2481

Particular Conditions	2482

JudgmentDamages	2483

Payment of Costs and Attorneys Fees 1881 Order or Judgment	2484

Issuance of Summons	2485

Interpretation and Effect 1883 Judgment as Security	2486

Effect on ActionRestitution	2487

Subsequent Pleading After Default Opened	2488

Amendment or Renewal of Application	2489

Equitable Relief from Judgment	2490

Contents and Sufficiency of Notice	2491

Proceedings for Equitable Relief	2492

In What Court 1890 Relief Granted in Equity	2493

FORMS No 255 Notice of Motion to Open or Vacate Judgment or De fault	2494

Joinder of Causes	2495

Prayer for Relief	2496

Amendment	2497

Findings	2498

Judgment	2499

Order of Sale	2500

Payment CHAPTER VIII	2501

Compelling Satisfaction	2516

Partial Satisfaction 1904 Vacating Satisfaction FORMS No 264 Notice of Motion for Satisfaction of Judgment 265 Order Compelling Satisfaction 26...	2517

CHAPTER IX	2519

General Considerations 1922 Leave of Court 1923 Character of Court of RenditionDecrees in Equity 1924 Sister State and Foreign Judgments 1925 ...	2520

Money 1956 Personal Right or Privilege 1957 Right of Redemption in Property Sold Under Execution 1958 Property not Capable of Manual Deliver...	2521

Levy on Growing Crops	2522

Household FurnitureWearing ApparelJewelry and Watches 2063 Provisions 2064 Necessary Tools and Implements Used in Trade or Business 2065 ...	2523

Pensions 2076 Claim of ExemptionSelection of Property 2077 Time for Claim 2078 Affidavit 2079 Schedule of Property and Appraisement 2080 Pr...	2524

Notice of Third Party Claim 296 Undertaking of Indemnity to Sheriff 297 Undertaking of Party Claiming Property 298 Order to Sheriff to Release L...	2525

Affidavit of Nonattendance as a Foundation for Con tempt Proceedings 333 Affidavit of Failure to Deliver Money or Property as a Foundation for C...	2526

Persons Entitled to Apply for Dissolution	2544

DefendantLack of Title or Interest	2545

Subsequent Purchasers Encumbrancers Lienors	2546

Assignor or Assignee for Benefit of Creditors	2547

Estoppel or Waiver of Right to Make Application	2548

Motion to Dissolve Attachment	2549

Time for Presentation of Application	2550

Notice of Motion	2551

Form and Contents of Motion	2552

Affidavits in Support of Motion	2553

Opposing Affidavits	2554

Issues and Questions Considered	2555

Burden Necessity and Kind of Proof	2556

Weight and Sufficiency of Evidence	2557

Questions for Court and Jury	2558

Judgment	2559

Proceedings	2560

f ExecutionGeneral Considerations Definition and Distinctions	2561

Kinds of ExecutionsSpecial	2563

Judgments or Decrees on Which Execution may IssueCriminal Judgments	2564

On Transcript	2567

Judgment Paid by Joint Debtor or Surety	2568

Death or Incapacity of Party	2569

Alias and Pluries WritsVenditioni Exponas	2571

g Issuance and Form of Execution 1938 Who may Take Out Execution	2572

From and to What Court or County	2573

Conditions PrecedentEntry of Judgment	2575

Property in Hands of Officer	2613

Property in Hands of Receiver	2615

Custody of Property	2624

Quashing Levy 2000 Redelivery Bond	2630

Third Party Claim	2631

Trial of Claim	2632

Undertaking to Release Levy	2633

Appraisal j Execution Sales	2635

Notice of Sale	2636

Number of Days or Publications	2638

Nature and Contents of Notice	2639

Compliance With StatuteEffect of Noncompliance 2009 Execution and Judicial Sales Distinguished	2640

Necessity of SaleApplication of Money to Judgment	2641

When Sale Made 2012 2013 After Return	2642

SaleHow Made	2643

Sale en Masse or in Parcels	2645

Violation of Statute	2646

Waiver of Requirements 2017 Who may Purchase	2648

BidsPayment	2649

Procedure Where Bidder Refuses to	2650

Disposition of Proceeds	2651

Prior Claim for Wages or Labor Done	2653

Return	2654

Presumption in Support of Return	2655

Amendment or Quashal	2656

Certificate of Sale	2657

Confirmation of Sale	2658

Hearing and Determination	2659

Effect of Confirmation	2661

Vacating Sale	2662

Who may Object	2663

Grounds for Vacating Sale	2665

Inadequacy of Price	2667

Vacating Confirmation 2034 Resale	2668

Redemption	2669

Sheriffs Deed k Supplementary Proceedings 2037 Nature and Purpose of Supplementary Proceedings	2670

Conditions PrecedentJudgment	2672

Issuance or Return of Execution 2040 Proceedings Against Third Persons	2674

JurisdictionOrder for Examination and Service	2675

Arrest Disposition of Property Pending Proceedings 2043 Time and Place of Examination	2677

The ExaminationSecond Examination	2678

Order or Judgment	2680

Third Persons Claim of Title or Denial of Indebtedness	2682

Enforcement of Orders	2684

Reference	2685

Receivership	2686

Property Which may be Reached	2688

Exemptions 2051 Statutory Basis 2052 Purpose and Policy of StatutesConstruction	2690

Who Entitled to BenefitNonresidents	2691

Claim by Wife or Member of Family	2693

Head of FamilyHouseholder	2695

Against What ClaimsAlimonyCriminal Judgments	2696

Purchase Price Obligations	2697

Property ExemptLieu Exemptions	2698

Only in Debtors PropertyJoint or Firm Property	2699

Proceeds of Exempt PropertyJudgment for Its Value	2701

CHAPTER X	2773

Application for Leave to Sue as Poor Person 2087 Law Governing Recovery of Costs b Right to Recover Costs in General	2774

Parties to Applications for Prerogative Writs 2126 Nominal PartiesReal Parties 2127 Suits in RemPayment of Costs from Fund i Security for Costs 21...	2775

Objections to Taxation 2164 Burden of Proof as to Propriety of Taxation of Items 2165 Judgment 2166 Authority of Clerk 1 Review of Order or Jud...	2776

Taxation of CostsTaxation by Appellate Court 2194 Taxation by Trial Court 2195 Bill or Memorandum of Costs e Penalty or Damages for Meritless ...	2777

Basis of RightStatutesConstruction in General	2783

Subject of DisputeRecovery as Matter of Course	2784

Circumstances Affecting Right to Costs 2090 Demand by PlaintiffFailure to Pray or Apply for Costs	2785

Tender After Commencement of Action	2788

Sufficiency of Tender	2789

Offer by Defendant to Confess Judgment	2790

Comparison of Amounts of Offer and Judgment	2791

Sufficiency of OfferMode of Presentation	2792

Disclaimer by Defendant of Interest in Property	2793

Agreements or Stipulations as to Payment of Costs 2100 Other Matters	2794

Outcome of LitigationSuccess as Requisite to Recovery 2101 Success as Determining Right to Recover Costs	2795

Partial Success as Entitling Party to Costs	2796

What Constitutes Success	2797

Abatement of CauseDeath of Party 2105 Dismissal or NonsuitSuits in Equity	2799

Retrial of CauseCosts of Former Trial	2800

e Amount of Judgment as Affecting Right to Costs 2107 Plaintiffs Right to Costs as Dependent on Amount	2802

Operation of StatutesComputation of Amount	2803

Nature and Purpose of Action	2804

Defendants Right to Costs	2805

f Nature of Proceeding or Application 2111 Actions at	2806

Equity SuitsSuits Involving Real Property	2807

Nature of Suit as Being Equitable or Otherwise	2808

Special Proceedings	2809

Interlocutory ApplicationsDemurrersMotions 2116 Motion for New TrialCosts of Trial Already	2810

g Discretion of Court as to Award of Costs 2117 Generally	2811

Exercise of Discretionary Power	2812

Factors Affecting Award	2813

Review of AwardAbuse of Discretion	2814

h Persons Who may Claim CostsLiability for Costs 2121 Unnecessary Parties 2122 Coparties	2816

Interveners	2817

RepresentativesState Municipality or Public Officer	2818

Libel or Slander	2823

Parties Who are Required to Give Security	2824

ResidentsPaupers	2825

Time for Giving of SecurityApplication by Defendant	2826

Effect of Delay	2827

Bond or Other SecurityFormSufficiency	2828

Qualifications of SuretiesAdditional Security	2829

Failure to Give Security	2830

Sureties Liability	2831

j Amount and Items of Recoverable Costs 2139 GenerallyStatutesAgreement of Parties	2832

Actual Disbursements	2834

Necessary Disbursements 2142 Service of Process	2835

Witnesses Fees and Mileage	2836

Necessity for Attendance of Witness	2838

Depositions	2840

Copies of Records 2147 ExhibitsExpert Testimony	2841

Jurors Fees and Expenses	2842

Receivers Custodians Commissioners Guardians	2843

Reporters FeesCosts of Transcripts	2844

Attorneys FeesFraud Malice	2845

Statutory ProvisionsAgreement of Parties	2847

Amount	2848

Other ItemsTypewritingPrinting	2849

k Award of CostsTaxation and Retaxation 2155 GenerallyPower to Make AwardSubmission to Jury	2850

Jurisdiction of CourtEffect of Appeal	2851

Time for Award or Taxation of Costs	2852

Procedure in General	2853

Application for Allowance of CostsBill or Memorandum	2854

Effect of Failure to File BillOmission of Items	2855

Filing and Service of Bill or Memorandum	2856

Time for Making Application for Costs	2857

Costs	2863

Reversal	2881

Modifications of JudgmentDiscretion as to Award 2184 Securing of Relief as Entitling Appellant to Award	2883

Amount and Items of Recoverable Costs 2185 Generally	2885

Bill of Exceptions	2886

Transcript or Abstract of Record	2887

Necessity for and Use of Transcript	2889

PrintingTranscript or Abstract	2890

Briefs	2891

Other ItemsAttorneys Fees	2892

Award and Taxation 2192 AwardEntry of JudgmentOrder as to Costs	2893

Certificate of Counsel 342 Affidavit of Party 343 Security for CostsMotion for Security	2906

Affidavit in Support of Motion 345 Notice to Party That Security is Required 346 Order Directing Giving of Security	2907

Failure to Furnish SecurityMotion to Dismiss 348 Affidavit in Support of Motion	2908

Order Dismissing Action 350 Furnishing Security After TimeOrder	2909

Bond or UndertakingTwo Sureties 352 Principal and Two Sureties	2910

One Surety 354 Affidavit of Justification of Surety 355 Affidavit of Two Sureties	2911

Libel Suit 357 Notice of Filing of Security	2912

Award of Costs 359 Dismissal of Action	2913

TaxationBill or Memorandum 361 VerificationAffidavit of Attorney 362 Notice of Taxation	2914

Objections to Taxation 364 Motion to Retax 365 Notice of Motion	2915

Order of Court	2916

PROVISIONAL AND EXTRAORDINARY REMEDIES AND SPECIAL PROCEEDINGS СНАР I ADOPTION OF CHILDREN II ARBITRATION III...	2917

CHAPTER I	2919

CHAPTER II	2948

Agreement to Abide by Award	2956

Submission of Cause Pending in Court	2957

Submission of Cause Pending in Court	2972

Extension of Time for Making Award	2973

Notice of Application for Appointment of Arbitrator 376 Award 377 Notice to Adverse Party of Filing of Award 378 Affidavit of Service	2974

Notice of Motion for Order Confirming Award 380 Notice of Motion to Vacate or Modify Award	2975

Motion to Vacate an Award 382 Motion to Correct or Modify an Award 383 Order Staying Entry of Judgment on Award 384 Order Confirming an ...	2976

Order Amending Award 386 Order Vacating Award 387 Order Dismissing Motion to Vacate Award and Staying Judgment	2977

CHAPTER III	2979

Return of Summons on Arrest 394 Execution Against the Body 395 Notice of Application for Discharge from Imprisonment 396 Notice of Motion t...	2980

Allegations of Particular Facts	2988

Statements on Information and Belief	2989

Order of ArrestValidity	2990

Execution of Order	2991

Vacation of Order	2992

Discharge of Prisoner by Habeas Corpus	2993

Final Process 2251 Execution Against Person of Judgment Debtor in General	2994

CHAPTER IV	3008

Definition of Attachment 2258 Attachment Distinguished from Garnishment and Execution 2259 Origin and Scope of Remedy of Attachment 2260 ...	3009

Real Property in General 2277 Fixtures 2278 Equitable Interest and Trust Estates 2279 Property Fraudulently Conveyed 2280 Mortgaged Property 2...	3010

Actions on Judgments 2317 Actions Based on Statutory Liability 6 Grounds for Attachment 2318 In General 2319 Nonresidence or Foreign Incorpo...	3011

Manner and Sufficiency of Levy in General 2389 Levy on Personalty 2390 Property in Building or in Locked Receptacle 2391 Growing and Ungath...	3012

Mortgaged Goods 2393 Cattle on Range 2394 Shares of Stock of Corporation 2395 Levy on Realty	3013

AssignmentsBankruptcy 2434 Receivers Rights 2435 Rights of Buyer and Seller of Personalty 2436 Unregistered Transfers of Corporate Stock 16 Cu...	3014

Satisfaction of Judgment 2503 Review	3015

Examination of Defendant 2505 Certificate or Examination of Third Party 2506 Independent Action by Officer 2507 Injunction 23 Claims by Third ...	3016

Counterclaim 2589 Evidence	3018

Claims Due to Defendant as Agent or Trustee 2628 Demands and Property in Which Others have Interests 2629 Partners Interest in Debt Due to Firm...	3019

Return of Service 2672 Summons or Notice to Principal Defendant 2673 Sufficiency of Notice	3020

Time for Answer or Disclosure 2703 Form and Contents	3021

Appeals from Orders Vacating Garnishments 2743 Dissolution for Causes Subsequent to Garnishment 2744 Abandonment of Proceedings 16 Wrong...	3022

Certificate in Case of Service Outside County 417 New Mexico	3023

Ancillary or Independent Proceeding	3024

In Rem or in Personam	3028

Purpose of Attachment 2264 Rules for Construing Attachment Statutes	3029

Effect of Repeal of Statute 2266 Concurrence of Other Remedies	3031

By and Against Whom Attachment may be Invoked 2267 Persons Who may Invoke Remedy	3032

Persons Whose Property may be AttachedNonresidents	3034

Property in Possession of Factor or Agent 2289 Goods in Hands of Bailee	3046

Leasehold InterestsCrops 2291 Interests Under Conditional Sales Contracts	3047

Personalty Remaining in Vendors Possession 2293 Property in Custodia Legis	3048

Replevied Property 4 Property Exempt from Attachment 2295 Household Furniture Wearing Apparel and Provisions	3049

Tools and Implements of Trade	3051

Farm Implements	3052

Animals and Vehicles Used in Business	3053

Earnings 2300 Building Materials	3054

Homestead Property 2302 Proceeds from Insurance Policies	3055

Actions in Which Attachment is Available 2303 In General	3056

Ex Contractu Actions Generally 2305 Contract for Direct Payment of Money	3057

Contract of Guaranty Indemnity or Suretyship	3059

Contract Unsecured by Mortgage Lien or Pledge	3060

Mortgage	3084

Conveyance to Relative or Member of Family	3085

Sale of Personalty Unaccompanied by Delivery	3086

Assignment for Benefit of Creditors 2330 Preference to Creditors	3087

Contemplated Disposal of Property	3088

Failure to Pay for Work and Labor 2333 Default in Payment of Price of Article Delivered	3089

Jurisdiction and Venue in Attachment Proceedings 2334 Jurisdiction in General 2335 Jurisdiction of Particular Courts	3090

Jurisdiction Over Res 2337 Real Property 2338 Personal Property	3091

Venue	3092

Affidavit for Attachment 2340 Necessity of Affidavit 2341 By Whom MadeAgents	3093

By Whom Taken 2343 Time of Making	3095

Grounds for Attachment	3102

Denial of Intent to Defraud Creditors	3104

Alternative and Disjunctive Statements	3105

Conjunctive Statements 2354 Conformity to Allegations of Complaint	3107

Defects Objections and Waiver	3108

Aider by Reference to Pleadings 2357 Amendments	3109

Title Venue and Name of Affiant 2359 Recital as to Nature of Demand	3111

Amount of Indebtedness 2361 Lack of or Worthlessness of Security	3112

Grounds for Attachment 2363 Time for Amendment	3113

Bond or Undertaking to Procure Attachment 2364 Necessity for Undertaking	3114

Form and Contents	3115

AmountAdditional Security	3116

Execution by Sureties	3117

Affidavit of Sureties 2369 Exceptions to and Justification of Sureties	3118

Approval of Bond or Undertaking	3119

Defects Objections and Amendments 10 Writ Warrant or Order of Attachment 2372 Definition and Nature	3120

Issuance in General	3121

Plural Writs	3122

Time of Issuance	3123

To Whom Directed and Delivered	3124

Contents and Recitals	3125

Conformity With Complaint in Matter of Demand	3126

Conformity With Affidavit 2380 Date Teste and Seal	3127

Defects Objections and Waiver	3128

Amendment	3129

Levy of Attachment	3136

Leaving Copy of Writ With Occupant 2397 Posting Copy of Writ on Premises 2398 Filing Copy of Writ or Notice of Attachment	3140

Certificate of Attachment 2400 Property Previously Levied	3141

Successive Levies Under Same Writ 2402 Excessive Levy	3142

Inventory and Appraisement	3144

Publication of Notice of Levy 2405 Defects Objections and Waiver	3145

Rights Acquired by Creditor in Property Attached 12 Return of Writ or Warrant of Attachment 2407 Necessity of Return	3146

Time of ReturnRecording	3147

Recitals	3148

Manner of Levy 2411 Description of Property Attached	3149

Defects and Irregularities	3150

Amendment	3151

Return as Evidence	3152

Lien of Attachment Generally 2415 Nature of Lien 2416 When Lien Attaches	3153

Extent of Lien	3154

Amount for Which Property is Bound 2419 Effect of Transfer of Property After Levy	3156

Duration of Lien 2421 Abandonment or Waiver of Lien	3157

Merger of Lien in Judgment	3158

Priorities Between Different Attachments 2423 In General	3159

Effect of Insufficiency of First Attachment 2425 Proceedings to Establish Priority	3160

Custody and Care	3173

Charges for Care and Maintenance 2439	3174

2440	3175

Persons Liable Taxation as Costs As Lien upon Property Actions for Interference With Possession 2443 Sale of Perishable Property	3177

Manner of Sale and Disposition of Proceeds	3180

Prevention of Attachment 2445 Undertaking to Prevent Levy 2446 Liability of Sureties on Undertaking	3181

Pleading in Action on Undertaking 2448 Evidence	3182

Release of Attachment Generally 2449 Distinction Between Release and Discharge 2450 Release by Voluntary Act of Parties	3183

Authority of Officer to Release Attachment 19 Release on Bond to Discharge Attachment 2452 Nature and Purpose of Undertaking	3184

By Whom Given	3185

Time and Place of Execution Amount 2456 Approval	3186

Validity and Efficacy of Bond	3187

Effect of Delivery of Undertaking	3188

Liability of Obligors	3189

Discharge of Obligors 246 1 Discharge by Tender or Payment of Amount of Judgment	3190

Jurisdiction and Process 2523 Pleading	3231

Issues 2525 Evidence	3232

Verdict and Judgment	3233

Independent Action to Recover Possession or Damages 2528 Jurisdiction and Parties	3234

Pleading and Proof	3235

Instructions	3236

Judgment and Costs 2532 Prorating	3237

Dissolution or Vacation of Attachment 2533 Dissolution on Motion or Plea Generally	3238

Grounds for Dissolution 2535 Insufficiency of Complaint	3239

Absence of Grounds for Attachment 2537 Nonownership of Attached Property	3241

Exemption of Property from Attachment 2539 Irregularities and Defects in Proceedings	3242

Recitals of Affidavit	3244

Variance as to Amount of Claim 2542 Defects in Bond to Procure Attachment	3245

Jurisdiction to Dissolve or Vacate	3246

Rehearing 2561 Plea in Abatement	3263

Form and Sufficiency 2563 Evidence and Verdict	3264

Appeal from Order Dissolving or Refusing to Dissolve	3265

Undertaking on Appeal as Continuing Lien	3266

Dissolution for Matters Subsequent to Attachment 2567 Insolvency	3267

Bankruptcy 2569 Assignment for Benefit of Creditors 2570 Death of Defendant	3268

Proceedings in Main Action	3269

Dismissal Discontinuance or Nonsuit 2573 Judgment for Plaintiff	3270

Judgment for Defendant 2575 Effect of Appeal	3271

Effect of Dissolution 2577 Effect on Security 2578 Restoration of Property to Defendant	3272

Wrongful Attachment 2579 Remedies	3273

Elements of Cause of Action	3274

Accrual of Right of Action 2582 Who may Recover	3276

Persons Liable	3277

Sureties on Attachment Bond	3278

Actions on Attachment Bonds	3279

Pleading	3280

Defenses	3281

Questions of Law and Fact 2591 Instructions	3283

Damages	3285

Costs and Attorneys Fees	3286

Actions in Tort for Damages	3287

Pleading	3289

Evidence	3290

Weight and Sufficiency 2598 Questions for Jury and Instructions	3291

Judgment	3292

Damages	3293

Punitive DamagesMental Suffering	3294

Costs and Counsel Fees 2603 Counterclaim for Damages in Original Action	3295

Counsel Fees B GARNISHMENT 1 Generally 2605 Garnishment Defined	3296

Origin of Proceeding	3298

Nature of Proceeding 2608 Ancillary or Independent Action	3299

Legal or Equitable 2610 In Rem or in Personam	3300

Object of Proceeding 2612 Rules for Construing Garnishment Statutes	3301

Actions Wherein Garnishment is Proper	3302

Garnishment in Aid of Attachment	3303

Garnishment After Judgment	3304

Who may Invoke Remedy	3305

Injunction Against Garnishment Proceedings 2 Persons Chargeable as Garnishees 2618 In GeneralLiability to Defendant as Test	3306

Plaintiff or Defendant as Garnishee 2620 Public Corporations and Officers	3307

Counties	3308

Cities or Municipalities	3309

School Districts 2624 Private Corporations	3310

Agents or Employees 3 Garnishable Property Claims and Interests 2626 Ownership of Defendant in General	3311

Property or Funds Held as Bailee or Depositary 2648 Contents of Safe Deposit Boxes and Vaults	3331

Bank Deposits	3332

Property in Custodia Legis	3334

Funds in Court 2652 Funds Held by Receiver or Trustee of Court	3335

Property Taken from Prisoner	3336

Property Held by Executor or Administrator	3337

Property Exempt from Garnishment 2655 Earnings	3338

Proceeds of Sale or Mortgage of Homestead	3339

Proceeds of Insurance 5 Proceedings to Procure Garnishment	3340

Jurisdiction	3341

Residence of Garnishee	3342

Situs of Property or Debt Garnished	3343

Jurisdiction of Particular Courts	3344

Venue	3345

Petition of Affidavit 2664 ContentsSufficiency	3347

Right or Lien Acquired by Garnishment 2675 Existence and Nature of Right or Lien	3358

Extent of Right	3359

Relative Rights of Rival Creditors	3360

Relative Rights of Creditors and Assignees or Transferees 2679 Assignment or Transfer by Defendant in General	3363

Sufficiency of AssignmentNotice to Garnishee	3364

Garnishment Preceding Assignment or Transfer	3365

Notes Bonds etc Rights of Assignee and Garnishee 2683 Negotiable InstrumentsLiability of Garnishee Maker 2684 Proceeds of Sale of Mortgaged Pr...	3367

In General	3369

When Liability Attaches	3370

Extent and Scope of Liability	3371

Payment or Delivery of Property After Garnishment	3372

Release of Garnishment 2689 How Effected in General	3373

Bond to Dissolve Garnishment	3374

Actions and Procedure	3375

Proceedings to Enforce Liability of Garnishee 2692 Remedies	3376

Defenses and Objections by Garnishee 2694 Defects in Proceedings	3377

Pendency of Other Proceedings 2696 Setoff or Counterclaim	3378

Duty to Defend Main Suit or to Claim Exemption	3379

Duty of Principal Debtor to Interpose Defense 2699 Allegations and Interrogatories	3381

Fees of Garnishee as Witness 12 Answer or Disclosure of Garnishee 2701 Necessity of Answer or Disclosure	3382

Disclosure by Affidavit	3384

Certificate 2706 Response to Interrogatories	3385

Oral Examination of Garnishee 2708 Conclusiveness of Answer	3386

Failure of Garnishee to AnswerInsufficient Answer	3387

Amendment of Answer 2711 Admission of DebtSurrender of Property or Fund	3388

Traverse of Answer	3390

Trial of Garnishee Action 2713 In GeneralConsolidation of Proceedings	3391

Time for Trial and Notice of Proceedings	3392

Participation or Intervention by Principal Defendant 2716 Issues	3393

Evidence	3395

Instructions 2719 Judgment	3396

Form and Requisites	3397

Judgment by Default	3399

Judgment on Answer	3400

Amount of Judgment 2724 Costs and Allowances	3402

Attorneys Fees 2726 Effect of Judgment and Payment	3404

Payment of Judgment as Defense	3405

Foreign Judgment as Protection to Garnishee	3407

Enforcement of Judgment 2730 Actions to Enforce	3408

New Trial and Appeal	3410

Vacation of Judgment	3411

Claims by Third Persons to Garnished Property 2733 Rights of Third PersonsIntervention	3413

Disclosure of Claim by Garnishee	3414

Bringing in Claimants as Parties to Garnishment Proceedings 2736 Proceedings on Claim by Third Person 2737 Evidence	3415

JudgmentCostsAppeal	3416

Dissolution of GarnishmentAbandonment of Proceedings 2739 Attack on GarnishmentRight to Seek Dissolution	3417

Grounds for Dissolution 2741 Proceedings on Motion to Dissolve	3418

Bond or Undertaking	3422

Oregon 419 Washington	3437

Bond to Prevent Levy of Attachment	3438

Another Form of Bond or Undertaking 422 Notice of Attachment	3439

Notice by Publication 424 Wyoming	3440

Return of Officer 426 Another Form With Officers Certificate 427 Motion to Discharge Attachment	3441

Bond for Discharge or Release of Attachment	3442

Another Form 430 OregonJustices Courts	3443

WashingtonJustices Courts 432 Notice or Certificate of Release of Real Estate 433 Another Form	3444

Notice to Sheriff 435 Order Directing Sale of Attached Property	3445

Arizona 437 Claim of Third PersonNotice by Claimant	3446

Another Form	3447

Claimants Bond to Secure Possession 440 Arizona	3448

Affidavit for Garnishment	3449

Bond or Undertaking	3450

New Mexico 444 Notice Summons or Writ	3451

Stockholders Interest in Corporation 446 Arizona	3452

Colorado	3453

Justices Courts 449 Kansas	3454

Nevada 451 New Mexico	3455

North Dakota	3456

Justices Courts	3457

Oklahoma 455 South Dakota	3458

Utah 457 Washington	3459

Instructions to Sheriff as to Credits etc 459 Return of Officer 460 Answer or Affidavit of Garnishee	3460

Kansas 462 North Dakota	3461

Oklahoma 464 South Dakota	3462

Affidavit to Secure Examination of Garnishee 466 Citation to Garnishee to Appear for Examination	3463

InterrogatoriesColorado Nevada and Utah	3464

Idaho	3465

Formal Execution	3470

Knowledge or Information and Belief 2346 Recitals 2347 Existence and Nature of Cause of Action	3471

Necessity for Levy 2384 Person to Make Levy 2385 Time of Levy 2386 Order of Levying Different Attachments 2387 Property Designated or Set ...	3475

Process or Notice	3496

Urheberrecht

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Code Practice and Remedies: In Courts of Record in Civil Cases in ..., Band 4
Bancroft-Whitney Company
Vollansicht - 1928

Code Practice and Remedies: In Courts of Record in Civil Cases in ..., Band 7
Bancroft-Whitney Company
Vollansicht - 1928

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Häufige Begriffe und Wortgruppen

58 Mont adjudged affidavit amended amount answer appear application Ariz Assn authority Bank cause of action claim clerk Code Civ Colo complaint confess judgment confession of judgment consent costs County creditor decree default judgment defendant District Court entitled entry equity error Estate ex rel execution exempt fact filed Freeman on Judgments held Idaho Comp infra issue judg judgment by default judgment debtor judgment entered judicial jurisdiction Land Laws levy liability Lumber ment Miller motion N. D. Comp Northern Pac notice nunc pro tunc Offer of Judgment party payment plaintiff pleading Proc proceedings record recover relief rendered rendition S. D. Rev sheriff Smith Stats statutory subd sufficient suit sum of dollars summons Superior Court supra thereof tion Title trial Utah Comp vacated vacating judgments verdict void Wash writ

Beliebte Passagen

Seite 2708 - Sheriff, or his certain Attorney, Executors, Administrators, or Assigns, for which Payment well and truly to be made we bind ourselves, our Heirs, Executors, and Administrators, and each and every of us binds himself, his Heirs, Executors, and Administrators, firmly by these Presents. Sealed...‎

Wird in 197 Büchern von 1807 bis 2006 erwähnt

Seite 2966 - ... 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 attachment, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.‎

Wird in 302 Büchern von 1848 bis 2006 erwähnt

Seite 3105 - To enable him to make such return as to debts and credits attached, he must request at the time of service, the party owing the debt or having the credit to give him a memorandum, stating the amount and description of each; and if such memorandum be refused, he must return the fact of refusal with the writ.‎

Wird in 90 Büchern von 1853 bis 1992 erwähnt

Seite 2906 - After adoption the two shall sustain towards each other the legal relation of parent and child, and have all the rights and be subject to all the duties of that relation.‎

Wird in 192 Büchern von 1860 bis 2004 erwähnt

Seite 2257 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...‎

Wird in 295 Büchern von 1819 bis 2004 erwähnt

Seite 2675 - Two horses, two oxen or two mules, and their harness, and one cart or wagon, one dray or truck, one coupe, one hack, or carriage, for one or two horses, by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster or other laborer habitually earns his living...‎

Wird in 101 Büchern von 1869 bis 1995 erwähnt

Seite 2260 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.‎

Wird in 274 Büchern von 1777 bis 2005 erwähnt

Seite 2312 - Oregon, my true and lawful attorney, for me, and in my name...‎

Wird in 355 Büchern von 1761 bis 2007 erwähnt

Seite 2403 - When from any cause the summons in an action has not been personally served on the defendant, the court may allow, on such terms as may be just, such defendant or his legal representative, at any time within one year after the rendition of any judgment in such action, to answer to the merits of the original action.‎

Wird in 115 Büchern von 1853 bis 1995 erwähnt

Seite 2472 - If the purchaser of property at Sheriff's sale, or his successor in interest, fail to recover possession in consequence of irregularity in the proceedings concerning the sale...‎

Wird in 78 Büchern von 1858 bis 1981 erwähnt

Bibliografische Informationen

Titel	Code Practice and Remedies: In Courts of Record in Civil Cases in the Western States, with Forms, Compiled for Use in the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming, Band 3 Code Practice and Remedies: In Courts of Record in Civil Cases in the Western States, with Forms, Compiled for Use in the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming, Bancroft-Whitney Company
Autor/in	Bancroft-Whitney Company
Verlag	Bancroft-Whitney, 1927
Länge	10390 Seiten

Zitat exportieren	BiBTeX EndNote RefMan

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