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tion, and the claimant, having notice of the attachment, shall be bound to prosecute his claim as in such cases, or be barred of his right.

This section is only applicable to attachment cases in justices' courts. Davis v. Warfield, 38 Ind. 461.

Persons claiming property attached can not be made parties to the attachment suit, but must assert their rights by a separate action. Risher v. Gilpin, 29 Ind. 53.

938. (926.) Examination on oath.-211. The defendant or claimant of any attached property may be required by the court to attend before it and give information, on oath, respecting the property.

939. (927.) Lien of consignee.-212. Goods attached in the hands of a consignee shall be subject to a lien for any debt due him from the consignor.

940. (928.) Bond for restitution.-213. If the defendant, or other person in his behalf, at any time before judgment, shall execute a written undertaking to the plaintiff, with sufficient surety to be approved by the court, clerk, or sheriff, to the effect that the defendant will appear to the action, and will perform the judgment of the court, the attachment shall be discharged and restitution made of any property taken under it or the proceeds thereof.

The execution of the bond discharges the attachment, and when judgment is obtained resort may be had to the bond instead of the property. Dunn v. Crocker, 22 Ind. 324; Gass v. Williams, 46 Ind. 253.

941. (929.) Sale of perishable goods-Notice.-214. When personal property attached is of a perishable nature or its keeping expensive, the court may direct the sheriff to sell it at public auction, upon reasonable notice. If the property is liable to immediate damage, the sheriff, in vacation, may sell it, by giving ten days' notice, without an order of court; and the proceeds of all sales shall be deposited with the clerk.

942. (930.) Expenses for keeping.-215. The sheriff shall be allowed by the court the necessary expenses of keeping the attached property, to be paid by the plaintiff and taxed in the costs.

The employe of the officer can not recover on his bond for the expense of keeping the property. Wilson v. State, 13 Ind. 341.

943. (931.) Affidavit and summons for garnishee-Return.—216. If, at the time an order of attachment issues, or at any time before or afterward, the plaintiff, or other person in his behalf, shall file with the clerk an affidavit that he has good reason to believe that any person, naming him, has property of the defendant of any description in his possession, or under his control, which the sheriff can not attach by virtue of such order; or that such person is indebted to the defendant, or has the control or agency of any property, moneys, credits, or effects; or that the defendant has any shares or interest in the stock of any association or corporation-the clerk shall issue a summons notifying such person, corporation, or association to appear at the ensuing term of the court, and answer as garnishee in the

action. The summons shall be directed to the sheriff, and served and returned by him in the same manner as a summons is served and returned in other cases. When the summons issues before an attachment the affidavit must show some one of the causes authorizing the attachment.

No separate complaint need be filed against the garnishee. Whitaker v. Coleman, 25 Ind. 374.

An appearance by a garnishee waives the service of notice and cures defects therein. Baltimore, etc., R. R. Co. v. Taylor, 81 Ind. 24.

Funds in the hands of executors or administrators are liable to garnishment. Stratton v. Ham, 8 Ind. 84; Simonds v. Harris, 92 Ind. 505.

Makers of non-commercial notes may be summoned as garnishees before the notes are due. Railroad Co. v. Cleneay, 13 Ind. 161; King v. Vance, 46 Ind. 246.

Makers of commercial notes are liable as garnishees when the payee has possession of the note. King v. Vance, 46 Ind. 246.

Transfer of non-commercial paper after service on the garnishee does not relieve him of liability. Simpson v. Potter, 18 Ind. 429.

An alleged assignee of notes may be made a party, and the question of ownership tried. Cadwalader v. Hartley, 17 Ind. 520.

The garnishee may show that he is bound to pay the indebtedness to a third person. Chapin v. Jackson, 45 Ind. 153.

A garnishee may set up any defense that he might have set up against the attachment defendant. Ball v. Bank, 39 Ind. 364.

Garnishees may be summoned in actions to foreclose mortgages when personal judgments may be rendered. Martin v. Holland, 87 Ind. 105; Jaseph v. People's Bank, 132 Ind. 39.

And when the debt owing by the garnishee is secured by mortgage the same may be foreclosed. Sharts v. Awalt, 73 Ind. 304.

When the court has jurisdiction of the subject-matter, and of all the parties, payment by a garnishee of the judgment against him will protect him from future liability. Shetler v. Thomas, 16 Ind. 223; Railway Co. v. Alvey, 43 Ind. 180; Canaday v. Detrick, 63 Ind. 485; Elston v. Gillis, 69 Ind. 128; Sharts v. Awalt, 73 Ind. 304.

If jurisdiction is not acquired over the attachment defendant, payment of a judgment against the garnishee will not protect him. Schoppenhast v. Bollman, 21 Ind. 280; Johnson v. Johnson, 26 Ind. 441; Newman v. Manning, 89 Ind. 422; Emery v. Royal, 117 Ind. 299.

When the garnishee files a denial the plaintiff must show that the creditor of the garnishee is before the court. Field v. Malone, 102 Ind. 251.

Judgment can only be rendered against a garnishee when there is judgment in the attachment proceedings. Emery v. Royal, 117 Ind. 299.

The admission of a garnishee, that he is indebted, will sustain a judgment against him, as such. McKee v. Anderson, 35 Ind. 17.

944. (932.) Liability of garnishee.-217. From the day of the service of the summons, the garnishee shall be accountable to the plaintiff in the action for the amount of money, property, or credits in his hands, or due and owing from him to the defendant.

Garnishees become liable to the plaintiff as soon as they are served and payments by them afterwards to the defendant will not release the liability. Cleneay v. Railroad Co., 26 Ind. 375; Bank v. Armstrong, 101 Ind. 244.

Transfer of non-commercial notes after service on the garnishee does not affect the liability of the garnishee to the plaintiff. Simpson v. Potter, 18 Ind. 429.

The garnishee is not liable as such when the debt owing by him is assigned before he was served. Cadwalader v. Hartley, 17 Ind. 520.

945. (933.) Statement of garnishee and examination.-218. It shall be the duty of any officer or agent of an association or corporation, and of every other person summoned as a garnishee, when served, or within five days afterward, to furnish the sheriff with a certificate of the number of shares or rights of the defendant in the stock of such corporation or association; or a description of the property held by such corporation, association, or person, belonging to or for the benefit of the defendant; or the amount of the debt owing to the defendant by such association, corporation, or person, whether due or not; which certificate shall be returned by the sheriff with the summons. If such officer, agent, or person refuse to do so, he may be required by the court to attend before it, and be examined, on oath, concerning the same; and obedience to the orders may be enforced by attachment. 946. (934.) Judgment for failure to answer.-219. Whenever any garnishee, being duly summoned, fails to appear and make discovery as required by law, or fails to answer or demur to the matters set forth against him in the affidavit or additional complaint or interrogatories, such matters may be taken as confessed, or judgment entered by default, as the case may require; or he may be examined under oath touching all the matters charged in the affidavit or additional complaint; and all such proceedings, pleadings, and process, shall be had, according to the practice in other cases, as shall be necessary to determine the rights of the parties and render a final judgment.

947. (935.) Arrest of absconding garnishee.-220. If any plaintiff, or other person in his behalf, shall file with the clerk an affidavit that he fears that the garnishee will abscond before judgment can be had, with intent to defraud the plaintiff, and that he verily believes that the garnishee has moneys, things in action, goods, chattels, or effects of said defendant in his possession, or is indebted to said defendant, the clerk shall issue an order of arrest against the garnishee, and hold him to bail therein as in a civil action.

948. (936.) No judgment until main action determined.-221. Final judgment shall not be rendered against a garnishee until the action against the defendant in attachment is determined; and if the plaintiff fails to recover judgment either against the defendant or the garnishee, the garnishee shall be discharged and recover his costs.

A defendant in garnishment may appeal from the judgment against him. Burgess r. Matlock, 14 Ind. 475.

Judgment can not be rendered against a garnishee unless a judgment is rendered in the attachment proceedings. Emery v. Royal, 117 Ind. 299.

949. (937.) Proceedings not affected by return of "no property." -222. The return of "no property found" upon the order of attachment shall not affect the proceedings against the garnishee.

950. (938.) Costs as to garnishee.-223. If the plaintiff recover judgment against the defendant, and the garnishee deliver up to the sheriff, before judgment against him, all the defendant's goods and

chattels, or other effects in his possession subject to execution, or an inventory thereof, and pay to the sheriff or into court all moneys due from him or belonging to the defendant, the costs in the proceeding against the garnishee shall be paid by the defendant; but if the garnishee shall not appear, or, if appearing, shall refuse truly to confess the matter alleged, and, on the trial, the plaintiff shall recover judgment against him; or if he admit that he has moneys, credits or effects belonging to the defendant in his hands, and shall refuse to pay or deliver the same as above provided, he shall pay costs.

Costs may be adjudged against a garnishee when he owes the defendant enough to pay the plaintiff's claim and the costs. Baltimore, etc., R. R. Co. v. Taylor, 81 Ind. 24.

951. (939.) Contract of garnishee, how performed.-224. A garnishee in attachment shall not be compelled in any case to pay or perform any contract in any other manner, or at any other time, than he would be bound to do for the defendant in attachment.

952. (940.) Garnishee paying, is discharged.-225. A garnishee may pay the money owing to the defendant by him to the sheriff or into court, and shall be discharged from liability to the defendant for moneys so paid, not exceeding the plaintiff's claim.

The garnishee may be relieved of liability by delivering the money or property in his possession to the officer serving the writ, or by paying the same into court. Ryan v. Burkam, 42 Ind. 507.

953. (941.) Examination-Order of court.-226. A garnishee, or officer of a corporation, summoned as a garnishee, at any time after being served with the summons five days, may be examined, in open court, on oath; and if it be discovered on such examination that, at the time or after the service of the summons upon him, he or the corporation was possessed of any property of the defendant, or was indebted to him, the court may order the delivery of such property and the payment of any such indebtedness into court, or the execution of a written undertaking by the garnishee, with sufficient sureties to be approved by the court, payable to the plaintiff, to the effect that the indebtedness shall be paid or the property forthcoming, as the court. shall direct.

954. (942.) Collecting officer subject to garnishment. - 208. Clerks of the circuit courts, sheriffs, justices of the peace, constables, and all other officers who may collect money by virtue of their office, and all executors, administrators, guardians, and trustees, shall be subject to garnishment at the suit of any attachment creditor of the person who has money or choses in action in the hands of such officer, executor, administrator, guardian, or trustee, at the time of the service of such garnishee process, in the same manner and to the same extent as other persons are liable to be garnished in attachment proceedings.

The unascertained shares of an estate in the hands of an executor or administrator are subject to garnishment. Stratton v. Ham, 8 Ind. 84; Simonds v. Harris, 92 Ind.

955. (943.) Claims of other creditors, how filed.-227. Any creditor of the defendant, upon filing his affidavit and written undertaking, as herein before required of the attaching creditor, may, at any time before the final judgment in the suit, make himself a party to the action, file his complaint, and prove his claim or demand against the defendant; and may have any person summoned as garnishee, or held to bail, who has not before been summoned or held to bail; and propound interrogatories to the garnishee, and enforce answers thereto, in like manner, as the creditor who is plaintiff.

Creditors may file under the attachment suit so long as the same is pending, and each claim filed stands as an independent suit. Zeigenhager v. Doe, 1 Ind. 296; Henderson v. Bliss, 8 Ind. 100; Railroad Co. v. Glass Co., 84 Ind. 516; McLain v. Draper, 109 Ind. 556.

After judgment and an order for the sale of the attached property it is too late for other creditors to become parties. Cooper v. Metzger, 74 Ind. 544.

Creditors becoming parties and filing claims need not cause a summons for the defendant to issue. Schmidt v. Colley, 29 Ind. 120.

The record must show that other creditors became parties and filed their claims. Sturgis v. Rogers, 26 Ind. 1; Ryan v. Burkam, 42 Ind. 507.

Creditors becoming parties may set forth in their affidavits different causes for attachment. Ryan v. Burkham, 42 Ind. 507.

Creditors becoming parties after the beginning of the suit acquire the same lien and all the rights that the original plaintiff has. Ryan v. Burkham, 42 Ind. 507; Taylor v. Elliott, 51 Ind. 375; Fee v. Moore, 74 Ind. 319.

If the issue in attachment is decided in favor of the defendant, the creditor acquires no lien by virtue of the attachment though his claim is allowed. Trentman v. Wiley, 85 Ind. 33.

Claims for alimony, adjudged upon and filed under, are proper and allowable against an attachment debtor. Farr v. Buchner, 32 Ind. 382.

An attaching creditor may contest the claims of other attaching creditors, where the principal debtor does not appear and defend. Lytle v. Lytle, 37 Ind. 281.

956. (944.) Subsequent creditors not affected by dismissal.-228. A dismissal of his action or proceedings in attachment by the first attaching creditor shall not operate as a dismissal of the action or proceedings of any subsequent attaching creditor.

The dismissal of the original suit does not affect claims that have been filed thereunder. Rugg v. Johnson, 13 Ind. 437; Ryan v. Burkham, 42 Ind. 507.

Quashing of the original attachment proceedings does not affect claims filed under the same. Taylor v. Elliott, 51 Ind. 375.

A dismissal during term, so as to prevent creditors from filing under the attachment, must be by leave of court. McLain v. Draper, 109 Ind. 556.

957. (945.) Appearance, discharge and restitution.-229. Any defendant against whom an order of attachment has been issued may, after appearing to the action, move to have the attachment discharged and restitution awarded of any property taken under it; but an appearance to the action shall not operate to discharge the attachment, unless a written undertaking be filed as required in section two hundred and thirteen [§ 928]. If the defendant appear, and judgment be rendered in favor of the plaintiff, and any part thereof remain unsat

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