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When to be vacated or modified.

533. (§ 119.) If upon such application it satisfactorily appear that there is not sufficient ground for the injunction, it must be dissolved; or if it satisfactorily appear that the extent of the injunction is too great, it must be modified.

CHAPTER IV.

ATTACHMENT.

SECTION 537. Attachment, when and in what cases may issue.
538. Affidavit for attachment, what to contain.

539. Undertaking on attachment.

540. Writ, to whom directed and what to state.

541. Shares of stock and debts due defendant, how attached

and disposed of.

542. How real and personal property shall be attached.
543. Attorney to give written instructions to Sheriff what to

attach.

544. Garnishment, when garnishee liable to plaintiff.
545. Citation to garnishee to appear before a Court or Judge.
546. Inventory, how made. Party refusing to give memo-
randum may be compelled to pay costs.

547. Perishable property, how sold. Accounts without suit
to be collected.

548. Property attached may be sold as under execution, if the interests of the parties require.

549. When property claimed by a third party, how tried. 550. If plaintiff obtains judgment, how satisfied.

551. When there remains a balance due, how collected.

552. When suits may be commenced on the undertaking. 553. If defendant recover judgment, what the Sheriff is to

deliver.

554. Proceedings to release attachment, before whom taken. 555. Attachment, in what cases it may be released and upon

what terms.

556. When a motion to discharge attachment may be made,

and upon what grounds.

557. When motion made on affidavit, it may be opposed by

affidavit.

558. When writ must be discharged.

559. When writ to be returned.

537. (§ 120.) The plaintiff, at the time of issuing

the summons, or at any time afterward, may have the

ment, when what cases

property of the defendant attached as security for the Attachsatisfaction of any judgment that may be recovered, and in unless defendant give security to pay such judgment, as in this Chapter provided, in the following cases:

1. In an action upon a contract, express or implied, for the direct payment of money, which contract is made or is payable in this State, and is not secured by mortgage, lien, or pledge upon real or personal property; or, if so secured, that such security has been rendered nugatory by the act of the defendant;

2. In an action upon a contract, express or implied, against a defendant not residing in this State.

538. (§ 121.) The Clerk of the Court must issue the writ of attachment upon receiving an affidavit by or on behalf of plaintiff, showing:

1. That the defendant is indebted to the plaintiff (specifying the amount of such indebtedness, over and above all legal set-offs or counter claims,) upon a contract, express or implied, for the direct payment of money, and that such contract was made or is payable in this State, and that the payment of the same has not been secured by any mortgage, lien, or pledge upon real and personal property; or,

2. That the defendant is indebted to the plaintiff (specifying the amount of such indebtedness, as near as may be, over and above all legal set-offs or counter claims,) and that the defendant is a non-resident of the State; and,

3. That the sum for which the attachment is asked is an actual bona fide existing debt, due and owing from the defendant to the plaintiff, and that the attachment is not sought, and the action is not prosecuted to hinder, delay, or defraud any creditor or creditors of the defendant.

539. (§ 122.) Before issuing the writ, the Clerk must require a written undertaking on the part of the

may issue.

Affidavit ment, what

for attach

to contain.

ing on at

tachment.

Undertak plaintiff, in a sum not less than two hundred dollars, and not exceeding the amount claimed by the plaintiff, with sufficient sureties, 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.

Writ, to whom directed and what to state.

Shares of stock and

debts due defendant, how attached and dis

posed of.

How real and personal property shall be. attached.

540. (§ 123.) The writ must be directed to the Sheriff of any county in which property of such defendant may be, and must require him to attach and safely keep all the property of such defendant within his county, not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, the amount of which must be stated in conformity with the complaint, unless the defendant give him security by the undertaking of at least two sufficient sureties, in an amount sufficient to satisfy such demand, besides costs, or in an amount equal to the value of the property which has been, or is about to be, attached; in which case, to take such undertaking. Several writs may be issued at the same time to the Sheriffs of different counties.

541. ($ 124.) The rights or shares which the defendant may have in the stock of any corporation or company, together with the interest and profit thereon, and all debts due such defendant, and all other property in this State of such defendant not exempt from execution, may be attached, and if judgment be recov ered, be sold to satisfy the judgment and execution.

542. (§ 125.) The Sheriff to whom the writ is directed and delivered, must execute the same without delay, and if the undertaking mentioned in Section 540 be not given, as follows:

1. Real property, standing upon the records of the county in the name of the defendant, must be attached, by filing with the Recorder of the county a copy of

the writ, together with a description of the property Same. attached, and a notice that it is attached; and by leaving a similar copy of the writ, description, and notice with an occupant of the property, if there is one, if not, then by posting the same in a conspicuous place on the property attached;

2. Real property, or an interest therein, belonging to the defendant, and held by any other person, or standing on the records of the county in the name of any other person, must be attached, by filing with the Recorder of the county a copy of the writ, together with a description of the property, and a notice that such real property, and any interest of the defendant therein, held by or standing in the name of such other person (naming him), are attached; and by leaving with the occupant, if any, and with such other person, or his agent, if known and within the county, or at the residence of either, if within the county, a copy of the writ, with a similar description and notice. If there is no occupant of the property, a copy of the writ, together with such description and notice, must be posted in a conspicuous place upon the property. The Recorder must index such attachment when filed, in the names, both of the defendant and of the person by whom the property is held or in whose name it stands on the records; 3. Personal property, capable of manual delivery, must be attached by taking it into custody;

4. Stocks or shares, or interest in stocks or shares, of any corporation or company, must be attached by leaving with the President, or other head of the same, or the Secretary, Cashier, or other managing agent thereof, a copy of the writ, and a notice stating that the stock or interest of the defendant is attached, in pursuance of such writ;

5. Debts and credits, and other personal property, not capable of manual delivery, must be attached by leaving with the person owning such debts, or having

Attorney to give written instructions to Sheriff what to attach.

Garnishment, when garnishee liable to plaintiff.

Citation to garnishee to appear before a Court or Judge.

in his possession, or under his control, such credits and other personal property, or with his agent, a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits and other personal property in his possession, or under his control, belonging to the defendant, are attached in pursuance of such writ.

543. ($126.) Upon receiving information in writing from the plaintiff or his attorney, that any person has in his possession, or under his control, any credits or other personal property belonging to the defendant, or is owing any debt to the defendant, the Sheriff must serve upon such person a 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.

544. (§ 127.) 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, as provided in the last two sections, 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.

545. (§ 128.) 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

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