Page:United States Statutes at Large Volume 31.djvu/409

FIFTY-SIXTH CONGRESS. Sess. 1. Ch. 786. 1900. 357 Sec. 156. If the arnishee or officer thereof fail to answer, the . Plalnml m**>j h**"° court or judge thergof, on motion of the plaintiff, may compel him to liiilvlgsndrfoé-aijxjliréilzgd do so, or the plaintiff may, at any time after the entry of judgment $$,5 °°mpe ° ‘° against the defendant in the action, have judgment against the garmshee for want of such answer. In no case shall judgment be given against the garnishee for a greater amount than the judgment against the defendantin the action. Sec. 157. The plaintiff may except to the answer of the garnishee or E"°°P“°“s°°“““"°’· officer thereof for insufficiency, widhin such time as may be prescribed or allowed, and if the same be adjudged insufficient, such garnishee or officer may be allowed to amend his answer on such terms as may be proper, or judgment may be given for the plaintiff as for want of answer, or such garnishee or officer may be compelled to give a suflicient answer. Sec. 158. The plaintiff may reply to the whole or art of the answer mI§,°Pjg}a,‘° 0?“§;;fé within such time as may be rescribed or allowed, and) the issues arising thereon. thereon shall be tried as ordinary issues of fact between plaintiff and defendant. If the answer be not excepted or replied to within the time prescribed or allowed, it shall be taken to be true and sufficient. _ SSec. 159. If by the answer it shall appear, or if upon trial it shall'ithj,“d§,,f{¥,§’i‘;,j,ee“g§j,‘},’§j be found, that the garnishee, at the time of the service upon him or ¤¤¤W¤* <>¤*¤i¤l- the officer thereof of the copy of the writ of attachment and notice, had an property of the defendant’s liable to attachment as provided in subdlivision three of section one hundred and forty and as to which such arnishee or officer thereof is required to give a certificate as provided in section one hundred and forty-three beyond the amount admitted in the certificate, or in any amount if the certiicate was refused, judgment may be given against such garnishee for the value thereof in money. The garnishee may at any time before judgment discharge himself by delivering, paying, or transferring the property to éche marshiql. d h E t E0. 160. `xecutions may issue upon ju gments a inst a garnis ee xF°““P“ *8***** as upon ordinary jud ments between plaintiif and defidndant, and costs %%'?3i%’l?°’ Wimmes and disbursements shall be allowed and recovered in like manner. Witnesses, including the defendant and garnishee or officer thereof, may be required to appear and testify upon suoh_ proceeding against a garnishee, as upon the trial of an issue of fact. Sec. 161. The court or judge thereof in its discretion may, at the or§Q;‘;‘,{,y {§g§*{§,‘Q§§§ time of the application of the laintiif for the order provided for in nsaiustsarnisheesection one hundred and forty-three and at any time thereafter before judgment against the garnishee, by order restrain the garnishee from paying, transferring, or in any manner disposing of or injuring any of the property of the defendant, alleged by the plaintiff to be in the garn1shee’s possession, control, or owing by him to the defendant, and" disobedience to such order may be unished as a contempt. Sec. 162. The proceedin s rovid)ed for in chapters twelve, thirteen, kjggztasprygjgjgggj and fourteen of this title sialll be known as provisional remedies. remeam. P CHAPTER FIFTEEN. or rssvns AND THE Mom: or TRIAL. Sec. Sec. 163. The different kinds of issues. 167. Trial defined. 164. Issue of law. 168. Issues, how tried. 165. Issue of fact. j 169. Motion to postpone trial on account 166. When both issue of law and fact of absent evidence. arise, issue of law to be first tried. Sec. 163. Issues arise upon the pleadings when a fact or conclusion O,’j;§l;§“°’°"’ k‘“d” of law is maintained by the one party and controverted by the other.' They are of two kinds- ‘ First. Of law; and, Second. Of fact.