A Treatise on the Law of Suits by Attachment in the United States |
Contents
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Common terms and phrases
absconded affidavit afterwards agent Alabama alleged amount answer assignment attached property attaching creditor attachment plaintiff attachment suit attorney attorney at law authority bailee bailment Bank bond cause of action charged as garnishee choses in action claim common law conceals Conn considered contract corporation damages debt due debtor decided defendant defendant's delivered demand discharge effects equity execution existence fact fendant fraudulent garnishee's liability ground Hamp hands Ibid Illinois indebted intent Iowa issued judgment jurisdiction levy lien Louisiana Annual Maine Mass Massachusetts ment Metcalf Missouri nishee non-resident obtained officer paid party payable payment Penn personal property Pick plea in abatement possession proceeding question receipt recover remove Reports resident Robinson sheriff Smedes & Marshall Smith South Carolina statute sued sufficient summoned as garnishee Supreme Court surety sustained tachment thereof third person tion trustee Vermont vols writ writ of attachment
Popular passages
Page 45 - Eighth: Where the debtor is about fraudulently to conceal, assign, or otherwise dispose of his property or effects, so as to hinder or delay his creditors.
Page 506 - The jurisdiction of the District Court of the United States, and the right of the plaintiff to prosecute his suit in that court having attached, that right could not be arrested or taken away by any proceedings in another court. This would produce a collision in the jurisdiction of courts that would extremely embarrass the administration of justice.
Page 31 - Walker was an inhabitant of another government, so that the ordinary process of law could not be served upon him...
Page 30 - ... the plaintiff, at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached...
Page 19 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without 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 arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Page 18 - When a debtor has sold, conveyed, or otherwise disposed of his property, with the fraudulent intent to cheat or defraud his creditors, or to hinder or delay them in the collection of their debts ; or, 2.
Page 12 - Has left the county of his residence to avoid the service of a summons ; or, Fourtli.
Page 429 - It is needless to enumerate here the instances in which by the general practice of civilized countries, the laws of the one will, by the comity of nations, be recognized and executed in another. Where the rights of individuals are concerned...
Page 59 - But when the proof has a legal tendency to make out a proper case, in all its parts, for issuing the process, then, although the proof may be slight and inconclusive, the process will be 'held valid, until it is set aside by a direct proceeding for that purpose.
Page 17 - Is about to remove his property, or a part thereof, out of the jurisdiction of the court, with the intent to defraud his ereditors ; or, 6.