Page:United States Statutes at Large Volume 31.djvu/1316

 1264 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. by such garnishee in obedience to the judgment or any order of the court, shall be a sufficient plea in bar in any action brought against him by the defendant in the suit in which the attachment is issued, for _ or concerning the property or credits so condemned. m§`,§QT§d“‘°“‘ "ee‘g“‘ Sec. 470. RAUDULENT AssIeNMENTs.—1f the ground upon which an attachment is applied for be that the defendant has assigned, con- _ veyed, or disposed of his property with intent to hinder, delay, or oféarnishewrc. alleged to be so assigned or conveyed in the hands of the alleged _ _ _ _ fraudulent assignee or transferee, asa garnishee. gggegfcefemd ee“*" Sec. 471. The said garnishee may have the same benefit of section four hundred and fifty-one aforesaid as the defendant in the action; and if the court shall be of opinion, upon thehearing of the affidavits filed, that the attachment ought not·to have issued or to have been levied on the property claimed by said garnishee, the said attachment may be quashed as to the said garnishee and the said levy set aside. —¤1eee¤*» em Sec. 472. 'If the said levy shall not be so set aside, the said garnishee may plead that he was a bona Hde purchaser from the defendant for value without notice of any fraud on the part of said defendant, and such plea shall be held to make an issue, without any further pleading in reply thereto; and said issue may be tried as directed in section four hundred and sixty aforesaid. ‘j“dgm°““°’· Sec. 47 3. If said issueis found in favor of the said garnishee, jud — ment shall be rendered ·in his favor for his costs and a reasonable counsel fee. If said issue be found against such garnishee, but judgment in the action is rendered in favor of the defendant, the said attachment shall be dissolved, and said garnishee shall recover his costs. ·egei¤e*- Sec. 474. If the said issue is fo-und against said garnishee and judgment in the action is rendered in favor of the plaintiff against the defendant, or the defendant, not being found, has failed to appear in obedience to the order of publication against him, if it shall appear upon the verdict of a jury that the claim of the plaintiff against said defendant is well founded,a,.judgment of condemnation of the roperty attached shall be rendered, as directed in section four hund)red and sixty-four aforesaid. T¤¤l¤fie¤¤eS· Sec. 475. TRIAL OF IssUEs.—-All issues raised by pleas to the attachment, in any case, may be tried at the same time as the issues raised by the pleadings in the action, or separately, as the convenience of the court may require. — bigegfgggite Preveet Sec. 476. Tms ACT Nor TO PREVENT BILL IN EQUIT1`.—NOthlHg " herein contained shall be construed as depriving a judgment creditor of the right to file a bill in equity to enforce his judgment against an equitable interest in real or personal estate of the judgment defendant, or to have a conveyance of the real or personal estateby said defendant, made with intent to hinder, delay, and defraud his creditors, set aside. - A*¤*<·h¤¤e¤¤eeeke*¤- SEc. 477. ATTAc1¤1ME1vT DocRETs.-——The clerk of said court shall keep an attachment docket, in which, as well as in the regular docket, shall be entered all attachments levied upon real estate, with a description, in brief, of the real estate so levied u(pon; and said attachments shall be indexed in the names of the defen ant and of any person in whose possession said property may have been levied upon. CHAPTER F oURTEEN. I BONDS AND UNDERTAKINGS. Bonds. . Sec. 478. BoNDs.-—A bond, when required or referred to, in the f? provisions of this code, shall be understood to signify an obligation in a certain sum or penalty, subject to a condition, on breach of which it is to become absolute and to be enforceable by action.
 * §;§*;,‘§g‘;‘,§‘g§§§,*Q;’§g defraud his creditors, the attachment may be levied upon the pro erty