time of service upon them of a copy of the writ and notice, as provided in the last two sections, shall be (unless such property be delivered up or transferred, or such debts be paid to the sheriff,) liable to the plaintiff for the amount of such credits, property or debts, until the attachment be discharged, or any judgment recovered by him be satisfied.

SEC. 128. Any person owing debts to the defendant, or having in his possession or under his control any credits or other personal property belonging to the defendant, may be required to attend before the court or judge, or a referee appointed by the court or judge, and be examined on oath respecting the same. The defendant may also be required to attend for the purpose of giving information respecting his property, and may be examined on oath. The court or judge may, after such examination, order personal property, capable of manual delivery, to be delivered to the sheriff, on such terms as may be just-having reference to any leins thereon or claims against the same-and a memorandum to be given of all other personal property containing the amount and description thereof.

SEC. 129. The sheriff shall make a full inventory of the property attached, and return the same with the writ. To enable him to make such return, as to debts and credits attached, he shall request, at the time of service, the party owing the debt or having the credit to give him a memorandum, stating the amount and description of each; and if such memorandum is refused, he shall return the fact of refusal with the writ. The party refusing to give the memorandum may be required to pay the costs of any proceedings taken for the purpose of obtaining information respecting the amount and description of such debt or credit.

SEC. 130. If any of the property attached be perishable, the sheriff shall sell the same, in the manner in which such property is sold on execution. The proceeds and other property attached by him; shall be retained by him to answer any judgment that may be recovered in the action, unless sooner subjected to execution upon another judgment, recovered previous to the issuing of the attachment. Debts and credits attached may be collected by him if the same can be done without suit. The sheriff's receipt shall be a sufficient discharge for the amount paid.

SEC. 131. The sheriff may deliver any of the property attached to the defendant or to any other person claiming it, upon his giving a written undertaking therefor, executed by two or more sufficient sureties, engaging to re-deliver it or pay the value thereof to the sheriff, to whom execution upon a

judgment obtained by the plaintiff in that action may be issued. If an action be brought upon such undertaking against the principal or his sureties, it shall be a defense that the property for which the undertaking was given did not, at the execution of the writ of attachment, belong to the defendant against whom it was issued.

SEC. 132. If judgment be recovered by the plaintiff, the sheriff shall satisfy the same out of the property attached by him which has not been delivered to the defendant, or a claimant, as herein before provided, or subjected to execution on another judgment recovered previous to issuing the attachment, if it be sufficient for that purpose: First. By paying to the plaintiff the proceeds of all sales of perishable property sold by him, or of any debts or credits collected by him, or so much as shall be necessary to satisfy the judgment. Second. If any balance remain due, and an execution shall have been issued on the judgment, he shall sell under the execution so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remain in his hands. Notices of the sales shall be given, and the sales conducted as in other cases of sales on execution.

SEC. 133. If, after selling all the property attached by him remaining in his hands, and applying the proceeds, together with the proceeds of any debts or credits collected by him, deducting his fees, to the payment of the judgment, any balance shall remain due, the sheriff shall proceed to collect such balance as upon an execution in other cases. Whenever the

judgment shall have been paid, the sheriff, upon reasonable demand, shall deliver over to the defendant the attached property remaining in his hands, and any proceeds of the property attached unapplied on the judgment.

SEC. 134. If the execution be returned unsatisfied, in whole or in part, plaintiff may prosecute any undertaking given pursuant to sections one hundred and twenty-three and one hundred and thirty-seven, or he may proceed as in other cases upon the return of an execution.

SEC. 135. If the defendant recover judgment against the plaintiff, any undertaking received in the action, all the proceeds of sales and money collected by the sheriff, and all the property attached, remaining in the sheriff's hands, shall be delivered to the defendant or his agent; the order of attachment shall be discharged, and the property released therefrom.

SEC. 136. Whenever the defendant shall have appeared in the action, he may apply, upon reasonable notice to the plaintiff, to the court in which the action is pending, or to the judge

thereof, or to a probate judge, for an order to discharge the same, upon the execution of the undertaking mentioned in the next section; and if the application be granted, all the proceeds of sales and moneys collected by the sheriff, and all the property attached remaining in his hands, shall be released from the attachment, and delivered to the defendant upon the justification of the sureties on the undertaking, if required by the plaintiff.

SEC. 137. Upon such application the defendant shall deliver to the court or judge, an undertaking executed by at least two sureties, residents of the district, to the effect that the sureties will, on demand, pay to the plaintiff the amount of any judgment that may be recovered in favor of the plaintiff in the action, not exceeding the sum specified in the undertaking, which shall be sufficient to satisfy the amount claimed by the plaintiff in his complaint, and the costs. The sureties may be required to justify, on such application before the judge or court, and the property attached shall not be released from the attachment without their justification, if the same be required.

SEC. 138. In all cases, when property or effects have been attached, the defendant, or any creditor of the defendant interested, may file a plea in the nature of a plea in abatement, under oath, putting in issue the truth of the facts alleged in the affidavit on which the attachment was sued out.

SEC. 139. Upon such issue, the plaintiff shall be held to prove that the facts alleged by him in said affidavit, as the grounds of the attachment, existed at the time of the issuance of the writ of attachment.

SEC. 140. If the issue be found against the plaintiff, the attachment shall be dismissed at the cost of the plaintiff, and his sureties shall thereafter be liable upon the bond for all damages sustained by the defendant, in consequence of the issuing of the attachment.

SEC. 141. The sheriff shall return the writ of attachment with the summons, if issued at the same time; otherwise, within twenty days after its receipt, with a certificate of his proceedings indorsed thereon, or attached thereto.

CHAPTER V.

DEPOSIT IN COURT.

SEC. 142. Court may order subject matter to be.

143. Appointment of receiver.

SEC. 142. When it is admitted, by the pleading or examin-. ation of a party, that he has in his possession, or under his control, any money or other thing capable of delivery, which, being the subject of the litigation, is held by him as trustee for another party, or which belongs, or is due to another party, the court may order the same, upon motion, to be deposited in court or delivered to such party, upon such conditions as may be just, subject to the further direction of the court.

SEC. 143. A receiver may be appointed by the court in which the suit is pending, or by a judge thereof: First. Before judgment, provisionally, on the application of either party, when he establishes a prima facie right to the property, or to an interest in the property which is the subject of the action, and which is in possession of an adverse party, and the property, or its rents and profits, are in danger of being lost or materially injured or impaired. Second. After judgment, to dispose of the property according to the judgment, or to preserve it during the pending of an appeal; and, Third. In such other cases as are in accordance with the practice of the courts of equity jurisdiction.

TITLE VI.

CHAPTER I.

TRIAL AND JUDGMENT.

SEC. 144. Judgment.

145. How given, effect of.

146. Against one of several defendants.

147. Extent of relief.

148. Dismissal of action, or nonsuit.

149. Judgments on merits.

SEC. 144. A judgment is the final determination of the

rights of the parties in the action or proceeding, and may be entered in term or vacation.

SEC. 145. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights cf the parties on each side, as between themselves.

SEC. 146. In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper.

SEC. 147. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint; but, in any other case, the court may grant him any relief consistent with the case made by the complaint and embaced within the issue.

SEC. 148. An action may be dismissed or judgment of nonsuit entered in the following cases: First. By the plaintiff himself, at any time before trial, upon the payment of costs, if a counter-claim has not been made. If a provisional remedy has been allowed, the undertaking shall thereupon be delivered by the clerk to the defendant, who may have his action thereon. Second. By either party, upon the written consent of the other. Third. By the court, when the plaintiff fails to appear on the trial, and the defendant appears and asks for the dismissal. Fourth. By the court, when, upon the trial, and before the final submission of the case, the plaintiff abandons it. Fifth. By the court, upon motion of the defendant, when, upon the trial, the plaintiff fails to prove a sufficient case for the jury. The dismissal in the first two subdivisions shall be made by an entry in the clerk's register. Judgment may thereupon be entered accordingly.

SEC. 149. In every case other than those mentioned in the last section, the judgment shall be rendered on the merits.

CHAPTER II.

JUDGMENT UPON FAILURE TO ANSWER.

SEC. 150. Judgment may be had, if the defendant fail to answer, as follows: First. In an action arising upon contract for the recovery of money or damages only, if no answer has