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 Inforce Governing Suits by Attachment

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 Inforce Governing Suits by Attachment

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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. 1887 edition. Excerpt: ...or the amount of the debt and costs, or either, in the alternative; but the amount of the judgment and costs will limit the liability of the sureties on the bond.1 But before the oflicer can be required to accept the bond, the sufficiency of the sureties to meet the liability assumed must be determined, according to the prescribed method. It is particularly important that this should be ascertained before the property is released, for the reason that by such release the property returns to the absolute control of the defendant, who may dispose of it as he sees fit; and any purchaser, whether with or without notice of the attachment, will hold it discharged from the lien, and it may be taken in a subsequent suit, by attachment, as though it had never been subject to the first lien? The plaintilf cannot, unless the statute specially authorizes it, have the error rectified by the Court ordering additional security to be given. Such an order would be manifestly nugatory, where the attachment was already dissolved, though it were shown beyond question that the sureties were insolvent.3 The only remedy the plaintifi can have, where the bond becomes insufiicient after the release of the property, is to have the property re-attached. In order that the sufliciency of the sureties may not be left entirely to the caprice of the otficer whose duty it is to accept the bond, and meet the consequences of alleged want of care that may be brought against him by the plaintiff in the action, the statute generally prescribes a rule by which such sufliciency may be determined. It may be by the justification of the sureties under oath, endorsed upon the bond as a condition precedent to its formal approval. When this is required, the atfidavit of the sureties...show more

Product details

  • Paperback | 254 pages
  • 189 x 246 x 13mm | 458g
  • Rarebooksclub.com
  • United States
  • English
  • Illustrations, black and white
  • 1236740173
  • 9781236740175