The Laws of Texas, 1822-1897 Volume 2 Page: 107
1 volume (multiple pagings); 25 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Laws of the Republic of Texas.
107
tered against and upon said scire facias, being duly executed and
returned, if such garnishee shall fail to appear according to the
mandate thereof, and 'discover on oath in manner aforesaid, the
court shall' confirm such judgment, and award execution for the
plaintiff's whole judgment and costs.
Sec. 16. Be it further enacted, That when the attachment is
returned before a justice of the peace, the garnishee shall be required
to appear at the return of the attachment, and answer upon
oath as in the foregoing section; and in case any garnishee so summoned
shall fail to appear and answer as above required, the justice
shall enter judgment by default against such garnishee; and if the
garnishee appear and answer within ten days, said judgment shall
be set aside, and such judgment entered as the justice of the case
requires; but if the garnishee fail to appear within ten days after
judgment by default, the justice shall issue a second summons commanding
the garnishee to appear at a term certain, and if the garnishee
fail to appear at said time, final judgment shall be entered
against him for the amount of the plaintiff's demand and costs of
suit, upon which execution shall issue.
Sec. 17. Be it further enacted, That in all cases when any garnishee
shall have in his possession any property belonging to the
defendant, or be indebted to him in any specific property, he shall
be at liberty at any time within twenty days after judgment entered
against him as garnishee, to deliver the same to the officer
serving the attachment or holding the execution, in discharge of
himself, and the same shall be sold to satisfy the judgment against
tlie defendant; and it shall be the duty of the proper officer to demand
the property deposed to be due from or in the possession of
any garnishee, at the usual place of residence of such garnishee,
within a reasonable time after the final judgment rendered.
Sec. IS. Be it further enacted, That if upon the examination
of any garnishee, it shall appear that there is any of the defendant's
estate in the hands of any other person who has not been summoned,
or that any other person is indebted to the defendant, the
court or justice shall, upon motion of the defendant, grant a judicial
attachment, to be levied in the hands of such person or persons
so holding property of. or indebted to the defendant, who shall appear
and answer. and
be liable as other garnishees.
Sec. 19. Be it further enacted. That the defendant may in all
cases show by competent testimony that a garnishee is indebted
to him in a greater amount than he is willing to admit on oath.(107 )
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/111/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .