copy of the writ, and a notice that such credits, or other property or debts, as the case may be, are attached in pursuance of such writ. Garnishment, when Garnishee liable to Plaintiff.All persons having in their possession or under their control, any credits or other personal property belonging to the defendant, or owing any debts to the defendant at the time. of service upon them of a copy of the writ and notice, shall be, unless such property be delivered up or transferred, or such debts be paid to the Sheriff, liable to the plaintiff for the amount of such credits, property or debts, until the attachment be discharged, or any judgment recovered by him be satisfied. Citation to Garnishee to appear before a Court or Judge. Any person owing debts to the defendant, or having in his possession or under his control any credits, or other personal property belonging to the defendant, may be required to attend before the court or judge, or a referee appointed by the court or judge, and be examined on oath respecting the same. The defendant may also be required to attend for the purpose of giving information respecting his property, and may be examined on oath. The court or judge may, after such examination, order personal property capable of manual delivery to be delivered to the sheriff, on such terms as may be just, having reference to any liens thereon or claims against the same, and a memorandum to be given of all other personal property, containing the amount and description thereof. Attachment may be Discharged.-Whenever the defendant shall have appeared in the action, he may, upon reasonable notice to the plaintiff, apply to the court in which the action is pending, or to the judge thereof, or to a county judge [in Idaho, probate judge], for an order to discharge the attachment wholly or in part; and upon the execution of the undertaking mentioned in the next paragraph, such order may be granted, releasing from the operation of the attachment any or all of the property attached, and ordering all of the property so released, and all of the proceeds of the sales thereof, be delivered to the defendant, upon the justification of the sureties on the undertaking, if required by the plaintiff. [Same in Nevada, except district judge to make order]. Undertaking Required.-Before granting such order, the court or judge shall require an undertaking on behalf of the defendant, by at least two sureties, residents and freeholders or householders in the county, to the effect that in case the plaintiff recover judgment in the action, defendant will, on demand, redeliver such attached property so released to the proper officer, to be applied to the payment of the judgment, and that in default thereof the defendant and sureties will, on demand, pay to the plaintiff the full value of the property released. The court or judge granting such release may fix the sum for which the undertaking shall be executed; and, if necessary, in fixing such sum to know the value of the property released, the same may be appraised by three disinterested persons to be appointed for that purpose. The sureties may be required to justify before the court or judge, and the property attached shall not be released from the attachment without their justification, if the same be required. [The same in Nevada, only the bond must be in money or currency, as the case may be.] When a motion to Discharge an Attachment may be Made, and upon what Grounds.-The defendant may also, any time before the time for answering expires, apply, on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought, or to the judge thereof or to a county judge, that the attachment be discharged, on the ground that the writ was improperly issued. [Same in Nevada, except there is no county judge.] OREGON AND WASHINGTON. When, to Issue.-In an action to recover money or damages, the plaintiff, at any time after the commencement of the action and before the judgment, may attach in the following cases: Affidavit.-The affidavit shall state that a cause of action exists against the defendant, and the grounds thereof, and that the defendant is either: 1st. A foreign corporation; or, 2d. That he is not a resident of this state, or has departed therefrom with intent to delay or defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with like intent; or, 3d. That he has removed or is about to remove any of his property from this state with intent to delay or defraud his creditors; or, 4th. That he has assigned, secreted or disposed of, any of his property, or is about to assign, secrete or dispose of, it with intent to delay or defraud his creditors; or, 5th. That the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought. Undertaking.-Before executing a writ the sheriff, to whom it is directed, shall require a written undertaking on the part of the plaintiff, with one or more sureties, in a sum not less than one hundred dollars, nor exceeding the amount claimed by the plaintiff, to the effect that if the defendant recover judgment, the plaintiff will pay all the 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. ...., the plaintiff in the above entitled action, being duly sworn, says: That he is the agent of [or, "is the plaintiff"] the said plaintiff in said .... and county, and as such is better acquainted with the facts than the said plaintiff. That the defendant in the said action is indebted to the said plaintiff in the sum of .... dollars, gold coin of the United States, over and above all legal set-offs and counter claims, upon an express [or "implied"] contract for the direct payment of money, to wit: upon a ... and that such contract was made and is payable in this State, and that the payment of the same has not been secured by any mortgage, lien or pledge, upon real or personal property. ..... That the sum for which the attachment is asked in the said action: that is to say, the amount of indebtedness which is above stated, is an actual, bona fide, existing debt, due and owing from the said defendant to the said plaintiff; and that the said attachment is not sought and the said action is not prosecuted to hinder, delay or defraud, any creditor or creditors of the said defendant. [Signed] Affidavit for Attachment against Non-Residents. In the District Court of the .... Judicial District of the State of California, in and for the ...., County of ..... ... Plaintiff, against Defendant. State of and County of SS. being duly sworn, says: That he is the plaintiff in the above entitled action. That the defendant in the said action is indebted to him in the sum of .......... dollars, gold coin of the United States, over and above all legal set-offs and counter claims, and that the said defendant is a non-resident of this State. That the sum for which the attachment is asked in the said action: that is to say, the amount of indebtedness which is above stated, is an actual, bona fide, existing debt, due and owing from the said defendant to the said plaintiff; and that the said attachment is not sought and the said action is not prosecuted to hinder, delay or defraud, any creditor or creditors of the said defendant. Subscribed and sworn to before me, this .... day of ...... .... A. D. 18... ...... ....... County. County Clerk of .... Whereas, the above-named plaintiff has commenced, or is about to commence, an action in the District Court of the ... Judicial District of the state of ......, against the above-named defendant, upon a contract for the direct payment of money, claiming that there is due to said plaintiff from said defendant the sum of ...... dollars, or thereabouts, and he is about to apply for an attachment against the property of said defendant, as security for the satisfaction of any judgment that may be recovered therein: ..... Now, therefore, we, the undersigned residents of the .... and county of in consideration of the premises and of the issuing of said attachment, do jointly and severally undertake in the sum of ...... and .... dollars, and promise, to the effect that, if defendant recovers judgment in said action, said plaintiff will pay all the costs that may be awarded to the said defend ant and all damages which he may sustain by reason of the said attachment, not exceeding the sum specified in said undertaking of ...... and .......... dollars. and whose names are subscribed as sureties to the above undertaking, being severally sworn, each for himself, deposes and says, that he is worth... and .... dollars, the sum in the said undertaking specified as the penalty thereof, over and above all his debts and liabilities, exclusive of property exempt from execution. Subscribed and sworn to before me, this day of .... [L.S.] [L.S.] ...., A.D. 18... Indorsement on the above Undertaking. Approved and filed this.... day of A.D. 18... ..... Writ of Attachment. Deputy Clerk. In the district court of the .... judicial district, and county of .... ...... against The people of the state of ...... .... greeting: to the sheriff of the .... and county of Whereas, the above entitled action was commenced in the district court of the judicial district of the state of ......, by the above-named plaintiff, to recover from the said defendant the sum of ...... dollars or thereabouts, besides interest and costs of suit; and the necessary affidavit and undertaking herein having been filed, as required by law: Now we do therefore command you, the said sheriff, that you attach and safely keep all the property of the said defendant, within your said county (not exempt from execution), or so much thereof as may be sufficient to satisfy the said plaintiff's demand, as above mentioned, unless the said defendant gives you security, by the undertaking of at least two sufficient sureties, in amount sufficient to satisfy such demand, besides costs, in which case you will take such undertaking, and hereof make due and legal service and return. Witness, the Hon. ...... .... judicial district, this.... day of judge of the said district court, of the A. D. 18.. ....... Attest my hand and seal of the said court, the day and year last above written. By. ..... Clerk, |