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, 1권
Sumner Whitney & Company, 1886
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absconding absence action affiant affidavit agent allegation amendment amount appear apply assigned attachment authority Bank become believe bond brought cause claim conceals contract corporation court creditors debt debtor defective defendant delay demand determine direct disposed effect essential evidence execution existence express fact filed foreign fraud fraudulent give given grounds held hold importance intent intent to defraud interest issue judgment jurisdiction leaving levy liability lien manner Mass matter means ment nature necessary non-resident notice objection obtained officer original particular party payment plaintiff possession prior proceedings purchase question reason receipt regarded release remove render residence respect rule seized served statement statute statutory subsequent sued sufficient suit summons sureties taken term tion void writ
146 페이지 - 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...
32 페이지 - ... 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.
356 페이지 - 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...
164 페이지 - ... 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...
559 페이지 - 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.
164 페이지 - In an action upon a contract, express or implied, for the direct payment of money...
30 페이지 - 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.
32 페이지 - 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.