Author: James Philemon Holcombe

Publisher: Theclassics.Us

Published: 2013-09

Total Pages: 164

ISBN-13: 9781230363189

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1848 edition. Excerpt: ...or is about to remove any of his property out of the state, with intent to defraud his creditors; or, 4th, that he fraudulently, contracted the debt, or incurred the obligation, respecting which the suit is brought; or, 5th, that the defendant is not a resident of the state, and has not resided therein for three months immediately preceding the time of making such affidavit; or, 6th, that the defendant is a foreign corporation.' Goods and chattels are bound by an attachment from the time of serving the writ; but to create a lien upon real estate, a certified copy of the writ, with a description of the realty, must be deposited in the office of the register of deeds of the county where the same is situate. If it appears by the return of the writ that either of the defendants has been served personally, the suit proceeds as in ordinary cases; if there has been no personal service, but property of the defendant has been attached, the plaintiff' is required to publish in a newspaper of the county, or judicial circuit, for six successive weeks, a notice of the attachment, after which, upon filing an affidavit of the fact, he may file his declaration and proceed as if a copy had been served on the defendant. Where perishable property has been attached, it may be sold pending the proceedings by order of the court. Where there has been no personal service, a judgment is rendered in the ordinary form, but it is not conclusive upon the defendant, and on an execution thereupon, the officer is only authorized to sell the property attached. In cases of joint indebtedness, the Writ of attachment may issue against the separate or joint estate of such debtors, or any of them, (a) There are similar provisions authorizing and regulating attachments in...