has been made discharging or releasing an attachment upon real property, a certified copy of such order must be filed in the office of the county recorder in which the notice of attachment has been filed, and be indexed in like manner. [C. L. § 3329. Cal. C. Civ. P. 2 559*. Sheriff to release on record attachment of realty, 2575. CHAPTER 23. GARNISHMENT. 3090. Garnishment issuable with attachment or afterward. At the time of issuing a writ of attachment in an action, or at any time thereafter, the plaintiff may have a writ of garnishment issue, and thereupon attach the credits, effects, debts, choses in action, and other personal property of the defendant in the possession or under the control of any third person, as garnishee, for the security of any judgment the plaintiff may recover in such action against the defendant. Col., Mills' An. C. (1896) ? 118. 3064. Attachment of property of debtor in hands of third parties, ?? 3074-3076. 3091. When garnishee ordered to appear. Whenever in any action pending in any court of record, a writ of attachment has been issued and delivered to the proper officer, and the officer after diligent search shall not be able to find property of the defendant sufficient to satisfy the claim of plaintiff, the officer shall upon the request of plaintiff, his agent, or attorney, summon such person or persons as the plaintiff may direct as garnishees to appear before the court wherein such action is pending. Col., Mills' An. C. (1896) ? 119. 3092. Writ issued by the officer. Form. The writ of garnishment shall be issued by the officer to whom the writ of attachment is delivered, and may be in substance as follows: You are hereby notified that you are attached as garnishee in the above entitled action, and you are commanded not to pay any debt due or to become due from yourself to the said defendants, or either of them, and that you must retain possession and control of all personal property, effects, and choses in action of said -, defendants, or either of them, in order that the same may be dealt with according to law; you are required to answer the interrogatories attached hereto within ten days from the date of the service of this writ upon you if you are served in the county in which said action is brought, otherwise within twenty days from the date of such service. In case of your failure within the time aforesaid, the plaintiff may apply to the court for relief against you. Given under my hand this Col., Mills' An. C. (1896) ? 120. day of 18-. 3093. Names of garnishees inserted in writ. Service and return. Alias writ. The names of as many individuals, corporations, or other persons as are sought to be charged as garnishees, may be inserted in the same or different writs of garnishment; and the writ shall be served and returned by the officer issuing the same, in the same manner as a summons in the action; and in like manner alias writs may be issued, served, and returned. Col., Mills' An. C. (1896) ? 121. 3094. Service and return of writ give court jurisdiction. It shall not be necessary for the sheriff to return the writ of attachment before serving the writ of garnishment, but the return of the latter writ, showing due service on the person therein named as garnishee, shall give the court jurisdiction to proceed against such garnishee as hereinafter provided. Col., Mills' An. C. (1896) ? 122. 3095. Garnishee to answer in writing under oath. Substance of interrogatories. The garnishee shall answer the interrogatories in writing, upon oath or affirmation; and it is hereby made the duty of such officer serving the writ of garnishment to administer such oath or affirmation and to take and return such answer with the writ, or the garnishee may answer in like manner before anyone authorized to administer oaths and affirmations, and in the latter case it shall be the duty of the garnishee to file his answer, or to cause the same to be filed in the proper court within the time required by the writ, or he shall be deemed in default. The interrogatories may be in substance as follows: First.—Are you in any manner indebted to the defendants, or either of them, either in property or money, and is the same now due? If not due, when is the same to become due? State fully all particulars. Answer. Second. Have you in your possession, in your charge, or under your control, any property, effects, goods, chattels, rights, credits, or choses in action of said defendants, or either of them, or in which he is interested? If so, state what is the value of the same, and state fully all particulars. Answer. Third. Do you know of any debts owing to the said defendants, whether due or not due, or any property, effects, goods, chattels, rights, credits, or choses in action belonging to him, or in which he is interested, and now in the possession or under the control of others? If so, state the particulars. Answer. (Signature of Garnishee). I, (insert the name of the garnishee), do solemnly swear (or affirm) that the answers to the foregoing interrogatories by me subscribed, are true, so help me God. (Signature of Garnishee). 18-. Subscribed and sworn to before me, this Judgment 3096. Property to be delivered to sheriff. Sale. against garnishee. If the answer of the garnishee shows that he has personal property of any kind in his possession, or under his control, belonging to the defendant, the court shall enter judgment that the garnishee deliver the same to the sheriff, and if the plaintiff recover judgment against the defendant in the action, such property or so much thereof as may be necessary, shall be sold as upon execution, and the proceeds applied toward the satisfaction of such judgment, together with the costs of the action and proceedings, and if there be a surplus of such property, or of the proceeds thereof, it shall be restored to the defendant. If the answer shows that the garnishee is indebted to the defendant, then, if the plaintiff recover judgment against the defendant in the action, the court shall also enter judgment in favor of the defendant for the use of the plaintiff against the garnishee for the amount of the indebtedness admitted in the answer; provided, that the judgment against the garnishee shall not be for a greater sum than is necessary to satisfy the judgment of the plaintiff against the defendant, together with costs as aforesaid; and in no case shall the garnishee be chargeable with costs unless his answer shall be successfully controverted as hereinafter provided. Col., Mills' An. C. (1896) ? 124. 3097. Garnishee may deliver property or money. Release. Return. In all cases the garnishee, upon making answer, may deliver to the officer serving the writ, the property belonging to the defendant, together with the money due to the defendant, as shown by the answer, and the officer shall make return of such property and money with the writ to the court, to be dealt with as provided in the foregoing section; and thereupon the garnishee shall be relieved from further liability in the proceedings, unless his answer shall be successfully controverted as hereinafter provided. Col., Mills' An. C. (1896) ? 125. Similar provision on attachment, 22 3075, 3078. 3098. Judgment against garnishee on failure to answer. If the garnishee, having been duly served with the writ of garnishment and interrogatories, refuses or fails to answer the interrogatories within the time required, the plaintiff may enter a default against him and proceed before the court to prove the liability of the garnishee, according to the provisions of this chapter, (and in such case the garnishee may be compelled to give testimony as a witness as in other cases), and upon a verdict or finding in that behalf the plaintiff may have judgment entered the same as if the garnishee had answered according to such verdict or finding; and if the verdict or finding charge the garnishee with any liability, the plaintiff may recover the costs of the proceedings against him. otherwise the garnishee shall be discharged without costs. Col., Mills' An. C. (1896) ? 126. 3099. Answer of garnishee. Reply. If the garnishee answer, the plaintiff may within ten days after the expiration of the time allowed for the filing of such answer, reply to the whole or any part thereof by an affidavit traversing the same; the plaintiff may also in his reply allege any matters which would charge the garnishee with liability according to the provisions of this chapter, and such affidavit may be upon information and belief. If the plaintiff fail to reply within the time aforesaid, he shall be deemed to have accepted the answer of the garnishee as true, and judgment may be entered accordingly. Col., Mills' An. C. (1896) ? 127. Reply generally, ?? 2980-2982. 3100. New matter in plaintiff's reply deemed denied. Trial. Judgment. Costs. New matter in the affidavit replying to the answer of the garnishee, shall be taken as denied or avoided, and the matter thus at issue without further pleadings shall be tried in the same manner as other issues of like nature, and upon the verdict or finding thereon, judgment shall be entered the same as if the garnishee had answered according to such verdict or finding; provided, that if the verdict or finding be as favorable to the garnishee as his answer, he shall recover costs of the proceeding against the plaintiff, otherwise the plaintiff may recover costs against the garnishee. Col., Mills' An. C. (1896) ? 128. 3101. Third person may be interpleaded. Notice. Proceedings. When the answer of the garnishee shall disclose that any other person than the defendant claims the indebtedness or property in his hands, and the name and residence of such claimant, the court may on motion order that such claimant be interpleaded as a defendant to the garnishee action; and that notice thereof, setting forth the facts, with a copy of such order, in such form as the court shall direct, be served upon him, and that after such service shall have been made, the garnishee may pay or deliver to the officer or the clerk such indebtedness or property, and have a receipt therefor, which shall be a complete discharge from all liability to any party for the amount so paid or property so delivered. Such notice shall be served in the manner required for service of a summons in a civil action. Upon such service being made such claimant shall be deemed a defendant to the garnishee action and shall answer within ten days setting forth his claim, or any defense which the garnishee might have made. In case of default, judgment may be rendered which shall conclude any claim upon the part of such defendant. N. Dak. (1895) 5397. Interpleader generally, 2924. 3102. Garnishee may deduct sums due him by either party. Record. Every garnishee shall be allowed to retain or deduct out of the property, effects, or credits of the defendant in his hands, all demands against the plaintiff and all demands against the defendant of which he could have availed himself if he had not been summoned as garnishee, whether the same are at the time due or not, and he shall be liable for the balance, only after all mutual demands between himself and plaintiff and defendant are adjusted, not including unliquidated damages for wrongs and injuries; provided, that the verdict or finding as well as the record of the judgment shall show in all cases against which party, and the amount thereof, any counterclaim shall be allowed, if any shall be allowed. Col., Mills' An. C. (1896) ? 130*. 3103. Garnishee not liable on negotiable instrument not due. No person shall be liable as garnishee, by reason of having drawn, accepted, made, or indorsed any negotiable instrument, when the same is not due, in the hands of the defendant at the time of service of the writ of garnishment. Col., Mills' An. C. (1896) ? 131. 3104. Judgment acquits garnishee for amounts paid. The judgment against a garnishee shall acquit him from all demands by the defendant for all goods, effects, and credits paid, delivered, or accounted for by the garnishee by force of such judgment. Col., Mills' An. C. (1896) ? 132. 3105. Discharge of garnishee does not bar action by defendant. If the person summoned as garnishee is discharged, the judgment shall be no bar to an action brought against him, by the defendant for the same demand. Col., Mills' An. C. (1896) 133. 3106. Judgment against garnishee for debt not due. Execution deferred. When the judgment is rendered against any garnishee, and it shall appear that the debt from him to the defendant is not yet due, execution shall not issue until the debt shall have become due. Col., Mills' An. C. (1896) ? 134. 3107. Property pledged to garnishee delivered on payment. When any personal property, choses in action, or effects of the defendant in the hands of a garnishee are mortgaged or pledged, or in any way liable for the payment of a debt to him, the plaintiff may, under an order of the court for that purpose, pay or tender the amount due to the garnishee, and thereupon the garnishee shall deliver the personal property, choses in action, and effects to the sheriff, as in other cases. Col., Mills' An. C. (1896) 135. Attachment of mortgaged personal property, ? 157. 3108. Id. If held to secure performance, plaintiff may perform. If the personal property or effects are held for any purpose other than to secure the payment of money, and if the contract, condition, or other thing to be done or performed, is such as can be performed by the plaintiff without damage to the other parties, the court may make an order for the performance thereof by him, and upon such performance, or a tender of performance, the garnishee shall deliver the personal property and effects to the sheriff, as in other cases. Col., Mills' An. C. (1896) ? 136. by 3109. Id. Disposal of proceeds. Plaintiff reimbursed. All personal property, choses in action, and effects received by the sheriff under either of the two preceding sections, shall be disposed of in the same manner as if they had been delivered the garnishee without condition, except that the plaintiff shall, out of the proceeds thereof, be first repaid the amount paid by him to the garnishee for the redemption of the same, or shall be indemnified for any other act or thing by him done or performed, pursuant to the order of the court for the redemption of the same. Col., Mills' An. C. (1896) ? 137. 3110. Garnishee liable for contempt. If any garnishee refuses or neglects to deliver any personal property, choses in action, or effects in his hands, when thereto lawfully required by the court, he shall be liable to be attached or punished for contempt. Col., Mills' An. C. (1896) ? 138. 3111. Costs taxed in discretion of court. Garnishee paid witness fee. The court may order the costs of the proceedings in any garnishment to be paid by the plaintiff, or out of the effects or credits garnished, or by the garnishee, or may apportion the same as shall appear to be just and equitable. The garnishee shall be entitled to fees and mileage as a witness, where he does not improperly resist or make costs. Col., Mills' An. C. (1896) ? 139. 3112. Garnishment after judgment. Procedure. Liberal construction. Any person having a judgment remaining unsatisfied in any court of record in the state, upon which execution has been issued and delivered, and which remains in the hands of the proper officer uncollected and unsatisfied, may have a writ of garnishment issued, and thereupon attach the credits, effects, debts, choses in action, and other personal property of the judgment debtor in the possession or under the control of any third person as garnishee, for the security of such judgment, and all the rights, remedies, and proceedings under this chapter are hereby made specially available and applicable for the relief and security of such judgment creditor, the same as for a plaintiff in attachment, and the same are also made specially available and applicable for the protection and security of the judgment debtor and the garnishee, the same as for the defendant and garnishee in attachment; and the forms of all affidavits, interrogatories, writs, answers, oaths, orders, trials, judgments, and other process and proceedings herein before provided for cases of garnishment before judgment, with appropriate variations, shall apply to cases of garnishment after judgment; and all courts shall be liberal in allowing amendments, and in construing this chapter so as to promote the objects thereof. Col., Mills' An. C. (1896) ? 140. Liberal amendments, etc., in attachment proceedings, ? 3088. Proceedings supplementary when judgment remains unsatisfied, 3272-3281. Liberal construction generally, 2? 2489, 2986, 3008. 3113. New trials and appeals as in other cases. Motions for new trial may be made in the same time and manner and shall be allowed for the same grounds in garnishment proceedings as in other civil trials; and appeals may be taken and prosecuted from any final judgment or order in such proceedings as in other civil cases. Col., Mills' An. C. (1896) ? 141. CHAPTER 24. RECEIVERS. 3114. Receivers, when appointed. A receiver may be appointed by the court in which an action is pending or has passed to judgment, or by the judge thereof: |