The Code Reporter Volume 1

The Code Reporter Volume 1

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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. 1852 edition. Excerpt: ...tho provisions of the code, sections 178 and 181, a warrant can be issued under the act abolishing imprisonment for debt, &c., in all the cases prescribed by that act. And, Further, that for the purpose of issuing such a warrant the action is sufiiciently commenced by lodging the summons with the sheriff with intent to be served under sectionv99. That the actual service under section 139 was not necessary. Order qf Arrest after Attachment.---LrrHA1nm '0. TURNER.--Per KmG, J., August 12, 1851.--Motion 'to vacate order of arrest denied, though it was admitted that an attachment proceeding between the same parties and for the same cause of action was pending, and a small amount of property garnisheed in Arkansas, 144, sub. 3. Similar decision made by Mitchell, J., A ril 7, 1851, in Fowler v. Brock. Atta: h1n.ent.--Hosenzmn '0. SrODOLLA.--_Per Knvo, J., August 8, 1851.--An attachment was _issued in this action, which the sheriff served on a Mr. R., who, it was alleged, was indebted to the defendant, and a certificate demanded under section 236. Mr. R. certified having in his hands $75, which the plaintifi" not deeming satisfactory obtained an order for R.'s examination. Ileld, that the order should not have been made; that the order under section 236 cannot be made where a certificate has been made; that if the party thought he could show more property his remedy was by action. ' Sujplementary Proceedinger---M'An'rnun '0. LaN8BURGH.--Per Kmo, J., July 14, 1851.--In proceedings supplementary to the execution it is not necessary that the afiidavit should describe the execution returned unsatisfied as an execution "against property" of the defendant. The presunzption is that the execution is against more

Product details

  • Paperback | 138 pages
  • 189 x 246 x 8mm | 259g
  • United States
  • English
  • black & white illustrations
  • 1236839935
  • 9781236839930