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cent of the amount due at the time of levy, when such family resides in the State. Every householder, the head of a family, is entitled to a homestead to the value of two thousand dollars while such homestead is occupied by the owner or his or her family, but to secure this he must cause the word 19 homestead to be entered on the margin of the recorded title signed by himself and attested by the recorder, together with the date of record.
CONNECTICUT.- ACTIONS. There is but one form of civil action, which is commenced by writ of summons or attachment, accompanied by the complaint, which contains a statement of the facts constituting the cause of action and a demand for the relief sought.
ATTACHMENT. The defendant's estate, real or personal, may be attached in all complaints containing a money demand at the commencement of the action or at the discretion of the court during the pendency of the same.
ARREST. Defendant cannot be arrested in any action founded on contract merely, except for breach of promise to marry, misconduct or neglect in any office or professional employment, or in actions against a public officer, trustee, or person acting in a fiduciary capacity to recover moneys received by him. Defendant may be arrested on mesne process or execution when the declaration sets forth that he contracted the debt by fraud, or that he con- . ceals, removes, or conveys away his property to prevent its being taken by legal process, or refuses to pay an admitted debt or judgment, having sufficient property to discharge the same concealed or withheld, or refuses to disclose rights of action with intent to prevent their being taken by foreign attachment.
GARNISHMENT. Goods concealed in the hands of agents so that they cannot be attached, or debts due from any person may be reached by process of foreign attachment.
JUDGMENT is not a lien on lands unless attached, or unless a certificate describing the court, date of judgment, names of parties, amount unsatisfied, and the premises on which the lien is claimed is recorded in the town where the lands lie.
STAY LAW. Stay of execution can be had only on appeal on a judgment against an executor or administrator in the settlement of an insolvent estate, in case of foreign attachment where it shall appear on scire facias that the debt due the principal is not yet payable, and on a judgment for a mortpagee in ejectment pending foreclosure of a mortgage.
EXEMPTIONS. The necessary apparel and bedding, household furniture ecessary for supporting life (which clause is construed liberally), the arms, nilitary equipments, uniforms, or musical instruments, owned by members of the militia, pension money received from the United States, implements of the debtor's trade, library not exceeding in value five hundred dollars, one cow Mot exceeding one hundred and fifty dollars in value, sheep not exceeding ten, or one hundred and fifty dollars in value, two swine, and two hundred pounds of pork, and poultry not exceeding twenty-five dollars in value. Of the property of any one having a wife or family, twenty-five bushels of charcoal, two tons of other coal, two hundred pounds of wheat flour, and two cords of wood, two tons of hay, two hundred pounds of beef and fish each, five bushels each of potatoes and turnips, ten bushels each of Indian corn and rye, or the mea! and flour therefrom, twenty pounds each of wool and flax, or the yarn and cloth therefrom; the horse or bicycle of a practicing physician not exceeding two hundred dollars in value, and his saddle, bridle, harness, and buggy; one boat owned by one person and used by him in the business of planting or taking oysters or clams, or taking shad, together with the tackle, sails, rigging and mplements used in said business, not exceeding in value two hundred dolla, one sewing machine, being the property or one person, one pew, and lot in a burying ground. Wages of any person including services of minor child not exceeding twenty-five dollars, except on a claim for personal board or rent and all benefits from charitable associations are exempt. Homestead to the value of one thousand dollars in any dwelling owned and occupied by the claimant is exempt, provided a declaration to that effect has been executed and recorded in the same manner as a deed of land, or inserted in the conveyance to him.
DELAWARE.-ACTIONS may be commenced by a writ of capias or summons, or in the case of a non-resident defendant by attachment of property. ARREST. The defendant may be arrested on mesne process, but, if he be a citizen of the State, only on plaintiff's filing an affidavit of fraud, except in actions for libel, slander, or injury to person or property accompanied with violence. A non-resident plaintiff cannot arrest on mesne process a non-resident defendant for debt contracted without the limits of the State.
The defendant can be arrested on execution only on affidavit of fraud, and when it appears by affidavit or the return on scire facias that he has no property in the county sufficient to pay the debt and costs.
ATTACHMENT. Writ of domestic attachment may issue after return by the officer showing that the defendant cannot be found, and proof of the cause of action, or on affidavit filed with the prothonotary that the defendant is justly indebted to the plaintiff in a sum exceeding fifty dollars, and has absconded from his usual place of abode, or gone out of the State with intent to defraud his creditors or to elude process, as it is believed. The proceeds of sale of property so attached are divided equally among defendant's creditors, except that the attaching creditors are entitled to a double share to the extent of their debt.
A writ of foreign attachment for debt but not for damages may issue against a person not an inhabitant of the State or foreign corporation after a return as above, or an affidavit that the defendant resides out of the State, and is justly indebted to the plaintiff in a sum exceeding fifty dollars.
GARNISHMENT. The property, rights, or credits of a defendant against whom judgment has been obtained, in the hands of a third party may be attached.
JUDGMENT of Superior Court is a lien on real estate of the defendant for ten years from the date of entering same. After twenty years it is presumed to be paid.
STAY LAW. Execution on judgments for want of affidavit of defense may be stayed six months on giving good security. In suits before a magistrate six months' stay on defendant's pleading his freehold, nine months on giving security.
Judgments obtained at second term after suit are allowed a stay of three
EXEMPTIONS. The family Bible, school books and family library, family pictures, a seat or pew in church, burial lot, all the wearing apparel of debtor and family, and in addition the tools, implements, and fixtures necessary for carrying on his trade or business, not exceeding seventy-five dollars in New Castle and Sussex Counties, and fifty dollars in Kent County. There is exempted to the head of the family, in addition to the above, other personal property (goods of merchantable character bought to be sold in transaction of debtor's business) not exceeding two hundred dollars in New Castle County, and not exceeding one hundred and fifty dollars consisting of household goods only in Kent County. There is no such additional exemption in Sussex County, and there is no such additional exemption when such exemption would prevent the collection of a debt due or growing due for labor or services (other than professional services) rendered by any clerk, mechanic or other employee of the debtor. Sewing machines owned and used by seamstresses or private families are also exempt.
In New Castle County 90% of all wages are exempt from attachment, except for board or lodging, or both, not exceeding $50.00. Widows in all cases shall have the same exemptions out of the husband's goods that he would have if living. Funeral expenses, reasonable bills for medicine and medical attendance, nursing and necessaries of last sickness are paid out of the personal property of a deceased person, before there is any application to the execution. The above exemptions extend to distress for rent. Pianos, piano playing attachments and organs leased or hired are exempt from execution or from distress for rent due from the person leasing or hiring, after notice of the lease to the landlord.
There is no homestead exemption.
DISTRICT OF COLUMBIA.-ACTIONS in the Supreme Court of the District are commenced by filing in the clerk's office a libel or information
bill, petition, or declaration, and service of writ and payment of deposit to secure costs of suit.
Plaintiff may include in his declaration all causes of action against the defendant, stating them in separate counts.
ARREST.- No person can be arrested in a civil suit, or imprisoned for debt other than fines.
ATTACHMENT.-Writs of attachment and garnishment may issue either at the commencement or during the pendency of the action, on plaintiff's filing an affidavit, supported by testimony of one or more witnesses, setting forth the grounds of action and that plaintiff has a good right to recover, and also stating either that defendant is a foreign corporation or a non-resident or has been absent therefrom at least six months and has estate or debts owing him in said District or evades service of process by concealing himself or withdrawing temporarily from the District, or has removed or is about to remove some of his property from the District to defeat just demands, or has assigned, disposed of, or secreted property, or is about to do so with intent to hinder, delay, or defraud creditors or fraudulently contracted the debt or incurred the obligation sued on. Attachment may be dissolved by defendant giving bond. The plaintiff must file an undertaking and bond.
JUDGMENT is a lien on real estate from the date of rendition and as long as the judgment remains in force.
STAY LAW. Execution is stayed only by appeal and filing a bond.
EXEMPTIONS. Wearing apparel of all persons; and to heads of families who are householders, beds, bedding, household furniture, stoves, cooking utensils, etc., not exceeding three hundred dollars in value; provisions for three months' support, whether provided or growing; fuel for three months; mechanics' tools, and implements of debtor's trade or business, amounting to two hundred dollars in value, with two hundred dollars' worth of stock for carrying on business of debtor or his family: library and implements of professional man or artist, to value of three hundred dollars; one horse, one mule, or yoke of oxen, one cart, wagon or dray, and harness for team; farming utensils, with food for such team for three months; and if debtor be a farmer, any other farming tools to the value of one hundred dollars; all family pictures, and all family library not exceeding in value four hundred dollars; one cow, one swine, six sheep. The earnings, not exceeding one hundred dollars per month, of actual residents of the District who are married persons, or who have to provide for the support of a family in the District, for two months preceding the issuing of process are also exempt.
There is no homestead exemption.
FLORIDA.-ACTIONS at law are commenced by filing a pracipe with the clerk, and may be brought in the name of the real party in interest.
ARREST. There is no statute law authorizing the arrest of a defendant in a civil action.
ATTACHMENT may issue on the affidavit in writing before a justice of the peace or clerk of the circuit court, that the amount demanded is actually due, and that the plaintiff has reason to believe that the defendant will part with his property fraudulently before judgment can be obtained, or is actually moving his property out of the State, or is about to do so, or resides out of the State, or is removing or about to remove from the State, or absconds or conceals himself or his property or is fraudulently disposing of the same, or is removing or is about to remove beyond the judicial circuit in which he resides, and furnishing security for costs and damages. Writ of attachment may issue before the debt or demand is due, provided it will become due within nine months, on plaintiff's filing an affidavit that the amount claimed is actually an existing debt or demand, the amount and date when it will become due, and also that the debtor is actually removing his property be
yond the limits of the State, or in fraudulently disposing of or secreting the same for the purpose of avoiding the payment of his just debts. The plaintiff must give a bond with sureties.
GARNISHMENT. A writ of garnishment may issue on all judgments or decrees rendered whether execution issued on such judgment be returned or not, provided an affidavit on behalf of the plaintiff be filed stating that he does not believe that the defendant has visible property in his possession on which levy can be made sufficient to satisfy the judgment.
A writ of garnishment may be sued out before judgment on filing a like affidavit.
JUDGMENT is a lien on real estate and becomes so in any county by recording it in such county before the alienation of the property. It is binding in the county in which suit was brought from the date when it was rendered. Mortgages, notices of liens, or judginents when extinguished, must be canceled by holder on the records under penalty for failure. Judgments, the records of which have been destroyed by fire, are not good against creditors and bona fide purchasers without notice unless legal proceedings to re-establish the same are begun within nine months.
Judgments of a lower court, sustained in the Supreme or Circuit Court on appeal or supersedeas, runs against sureties on bond.
STAY LAW. There is no stay of execution in Florida.
EXEMPTIONS. There is exempt to the head of each family a homestead of one hundred and sixty acres, or one-half an acre in an incorporated city or town, with the improvements on such real estate, together with one thousand dollars' worth of personal property, to be selected by the debtor, but no property is exempt from sale for taxes, for obligations contracted for the purchase of the same or in making improvements thereon, or for labor performed thereon.
Money due for personal labor or services of the head of a family is exempt from attachment or garnishment.
GEORGIA.- ACTIONS. All distinctions between real, personal, and mixed actions are abolished.
ARREST. Imprisonment for debt is abolished, but in actions for the recovery of personal property, on plaintiff's making affidavit that he has reason to believe that said property has been or will be eloigned or moved away, or will not be forthcoming to answer the judgment, defendant may be arrested and committed to jail, unless he give bond with good security, or on application to the judge states on oath that he is neither able to give the security required by law nor produce the property, and can furnish satisfactory reasons for its non-production, when he may be discharged on his own recognizance. He shall also traverse the plaintiff's statements in his affidavit.
ATTACHMENTS may issue whether the debt is due or not. 1. When the debtor resides out of the State. 2. When he is actually removing or is about to remove without the limits of the county. 3. When he absconds. 4. When he conceals himself. 5. When he resists legal arrest. 6. When he is causing his property to be removed beyond the limits of the State, when he is disposing of or threatens to dispose of or conceals his property liable to the payment of his debts, or makes a fraudulent lien thereon, to avoid payment of his debts. Plaintiff must make affidavit before a judge of the superior court, or county court, a justice of the peace, or a notary public, setting forth one of the above causes, and the amount of the debt claimed, and must give a bond to the defendant to prosecute his suit, and the defendant may dissolve the attachment by giving bond.
GARNISHMENT may issue before or after judgment against debtors of the defendant, on plaintiff's making affidavit of the amount due, and that he has reason to apprehend the loss of the same or of some part thereof unless garnishment issue, and giving bond with security for damages and costs. Journeymen, mechanics, and day laborers are exempt from garnishment on their daily, weekly, or monthly wages.
JUDGMENT is a lien on all property, real or personal, except promissory notes and choses in action. All judgments draw lawful interest which is 7%.
The judgment lien is discharged in four years on real property, and two years on personal property sold to a bona fide purchaser for a valuable consideration.
STAY LAW. If the debtor gives a bond with good security, execution may be stayed sixty days.
EXEMPTIONS. The Constitution of 1877 provides that there shall be exempt from levy and sale by virtue of any process whatever, of the property of every head of a family, or guardian or trustee of a family of minor children, or every aged or infirm person, or person having the care and support of a dependent female of any age who is not the head of a family, real or personal property, or both, to the value of sixteen hundred dollars, except that such property is liable for taxes, purchase money, labor done thereon, or materials furnished therefor, and for the expense of removing encumbrances thereon. Debtor may waive in writing the benefit of these exemptions, except as to wearing apparel and not exceeding three hundred dollars' worth of household and kitchen furniture and provisions to be selected by himself and wife.
If the debtor, being the head of a family, does not avail himself of the foregoing exemption, he may claim those allowed by prior laws, viz: fifty acres of land and five acres additional for every child under sixteen years, including the dwelling-house, if such house and improvements do not exceed in value two hundred dollars, such homestead not to be in any city, town, or village; or in lieu thereof, real estate in a city, town, or village, not exceeding five hundred dollars in value; also one farm horse or mule, one cow and calf, ten head of hogs, and fifty dollars' worth of provisions, and five dollars' worth additional for every child, beds, bedding, and common bedsteads sufficient for the family, one loom, one spinning-wheel, and two pairs of cards and one hundred pounds of lint cotton, common tools of trade of the debtor and his wife, ordinary cooking utensils and table crockery, wearing apparel of the debtor and his family, library of a professional man in actual practice not exceeding in value three hundred dollars, to be selected by the debtor. Also fifty bushels of corn, one thousand pounds of fodder, one one-horse wagon, one table, one set of chairs sufficient for the use of the family, and household and kitchen furniture, all not to exceed one hundred and fifty dollars in value. A family sewing-machine is exempt, whether the owner is the head of a family or not.
The wages of mechanics, journeymen, and day laborers are also exempt.
IDAHO. - ACTIONS. There is but one form of action which is commenced by filing a complaint and causing a summons to be issued thereon, and must generally be in the name of the real party in interest.
ARREST. Defendant may be arrested in the following cases: in an action on a contract when defendant is about to depart from the Territory with intent to defraud his creditors; in an action for willful injury to person, character, or property; in an action for a fine or penalty, or on a promise to marry, or for money or property embezzled or fraudulently misapplied, or for misconduct or neglect in office or in professional employment, or for willful violation of duty. In an action to recover possession of personal property unjustly detained, where the property has been concealed, removed, or disposed of to prevent its being found; when defendant was guilty of fraud in contracting the debt or obligation sued on, or in concealing or disposing of the property for the taking, detention, or conversion of which the action was brought, or when defendant has removed or disposed of his property or is about to do so to defraud his creditors.
Plaintiff must file affidavit showing one or more of the above causes and a bond of indemnity to the defendant.
ATTACHMENT may issue in actions on contracts for the express payment of money, where there is no security or in an action of contract against a nonresident; an affidavit must be filed setting forth the amount due, and that the