A Treatise On Federal Practice in Civil Causes With Special Reference to Paten
A Treatise On Federal Practice in Civil Causes With Special Reference to Paten
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So, in cases of foreign attachment, where goods and chattels have been at- tached, the default of the respondent may be taken. Where the property attached consists of credits or effects, the garnishee is re- quired to appear and make return under oath, showing the prop- erty in his hands belonging to the respondent at the time the attachment was served, and at the time of the return. If he fails to appear or to make such an affidavit or to answer the interroga- tories put to him as to the prope...rty of the respondent in his hands, he is subject to the compulsory process of the court, and may be punished for contempt, and compelled to furnish a stipular tion. I Upon a default the court will hear the cause ex parte and " adjudge therein as to law and justice shall appertain, " '^ or for convenience will refer it to a referee to ascertain the amount due the libellant.
§ 402. Release of property from custody of Marshal. Claim. — The owner of property attached, or his agent, may obtain its re- lease from the custody of the marshal by filing with the clerk a claim to the property, and either depositing in the court a sum sufficient to secure the amount sued for, or giving a bond or stip- ulation therefor.
What to read after A Treatise On Federal Practice in Civil Causes With Special Reference to Paten?
You can find similar books in the "Read Also" column, or choose other free books by Foster, Roger, 1857-1924 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
So, in cases of foreign attachment, where goods and chattels have been at- tached, the default of the respondent may be taken. Where the property attached consists of credits or effects, the garnishee is re- quired to appear and make return under oath, showing the prop- erty in his hands belonging to the respondent at the time the attachment was served, and at the time of the return. If he fails to appear or to make such an affidavit or to answer the interroga- tories put to him as to the prope...rty of the respondent in his hands, he is subject to the compulsory process of the court, and may be punished for contempt, and compelled to furnish a stipular tion. I Upon a default the court will hear the cause ex parte and " adjudge therein as to law and justice shall appertain, " '^ or for convenience will refer it to a referee to ascertain the amount due the libellant.
§ 402. Release of property from custody of Marshal. Claim. — The owner of property attached, or his agent, may obtain its re- lease from the custody of the marshal by filing with the clerk a claim to the property, and either depositing in the court a sum sufficient to secure the amount sued for, or giving a bond or stip- ulation therefor.
What to read after A Treatise On Federal Practice in Civil Causes With Special Reference to Paten?
You can find similar books in the "Read Also" column, or choose other free books by Foster, Roger, 1857-1924 to read onlineMoreLess
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