A Practical Treatise Upon the Law of Judicial Writs and Process in Civil and Criminal Cases; The Sufficiency, Validity, Amendment and Alteration of (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895. Excerpt: ... CHAPTER XXVIII. PROPERTY SUBJECT TO PROCESS. Sec. 147. The writs which are directed against property. 148. Property subject to attachment 149. Particularly as to what chattels are subject to attachment 150. Real property subject to execution. 151. Personal property subject to execution. 152. Patent-rights, copyrights and manuscripts. 153. The seizure and sale of money and choses in action under execu tion. 154. Property and persons subject to writ of garnishment 155. Further as to persons who may be garnished. 156. Further as to what property is subject to garnishment 157. Property subject to writ of replevin. See. 147. The writs which are directed against property. In American practice it may be said that only four writs are directed against and affect property. They are the writs of attachment, execution, garnishment, and replevin. What property is subject to levy under process is now to be considered. Sec. 148. Property subject to attachment.--Money paid to the clerk by order of court in pending litigation is subject to attachment at the suit of a creditor of the party claiming it1 The sale of intoxicating liquors being prohibited in Rhode Island, except by a registered pharmacist or his assistant, it is held there that such property cannot be seized under a writ of attachment.' The undivided interest of an heir in land may be attached pending administration; but the levy will not dispossess the administrator, nor interfere with the administration.' In New York, where common law and equity jurisdiction are blended, the interest of an heir of a deceased member of a benevolent association in a sum to be raised and iTrotter v. Lehigh Zinc and Iron Contra, Tucker v. Adams, 63 N. H., Co., (N. J.), 11 A. R, 35. 361. i Barron v. Arnold, 16 R L, 22. 'McClellan...