New Clerks Assistant Or book of Practical Forms

Cover New Clerks Assistant Or book of Practical Forms
New Clerks Assistant Or book of Practical Forms
John S John Stilwell Jenkins
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377 ; 2 Cowen, 429; 3 Wendell, | justices' courts. 837 panying the application. The only material difference between the pro- ceedings on attachments issued under the statute, and those issued under the non-imprisonment act, subsequent to the issuing of the pro- cess, is, that in the latter case, where property is attached, and a copy of the inventory and attachment is not personally served, and the de- fendant does not appear, the phuntift" may take a short summons; and if the defendant be per...sonally served therewith, or cannot be found after diligent inquiry, the Justice may proceed to hear and determine the cause in the same manner as upon a summons per- sonally served. ' 9. An affidavit for an attachment, stating fitcts and circumstances, on belief only, is fatally defective ; but if the party swears he has been informed of the facts set forth, the affidavit will be sufficient. " 10. On an attachment against joint debtors, a Justice cannot render judgment, Avhere one only of the defendants has been served with the process.

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