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JUDGMENTS bear interest at six per cent., and are not liens on real property. (Sec ATTACHMENT.) There is no stay of execution.
Exemptions. Suitable apparel, bedding, tools, arms, and articles of houses hold furniture necessary for the debtor and his family, one sewing-machine, one cow, the best swine, or meat from one swine, ten sheep, and one year's produce in wool, yarn, or cloth, forage for ten sheep and one cow for the winter, ten cords of firewood or five tons of coal, twenty bushels of potatoes, all growing crops, ten bushels of grain, one barrel of flour, three swarms of bees, and hives and produce in honey, two hundred pounds sugar, lettered gravestones, Bibles and other books used in the family, one pew in church, live poultry to the value of ten dollars, professional books and instruments of physician, professional books of an attorney or clergyman to the value of two hundred dollars, one yoke of oxen or steers, and forage for the winter, two horses kept and used for team work, and such as the debtor may select in lieu of one yoke of oxen or steers, but not exceeding two hundred dollars in value, and forage for the winter, arms and equipments used by any soldier in the service of the United States and kept as mementoes of service, one two-horse wagon or one ox cart, one sled or set of traverse sleds, two har. nesses, two halters, two chains, one plow, and one ox yoke which, with the oxen, steers, or horses exempted, shall not exceed two hundred and fifty dollars in value, also mechanic's tool chest. A homestead of a housekeeper, or head of a family, to the value of five hundred dollars.
VIRGINIA.— Actions. The common law forms except replevin remain, and actions are begun by original writ and summons. The assignee of a tund or note may sue in his own name.
ATTACHMENT may issue on affidavit that a defendant is — 1. A foreign corporation; 2. Is a non-resident of the State having estate or debts due him within the county where suit is brought; or 3. Is removing or about to remove from the State with intent to change domicile; or 4. Has removed or is about to remove property sued for, or his estate or a material part thereof so that execution on a judgment will be unavailing; or 5. Has converted or is about to convert his property or part thereof into money, securities, etc., with intent to hinder, delay, or defraud creditors; or 6. Has disposed of or is about to dispose of his estate or part thereof with like intent; or against a tenant for rent not due but payable within a year, on affidavit stating amount of rent reserved, when payable, and that tenant has within thirty days removed or is about to remove his effects from the premises, not leaving property liable to distress, sufficient to satisfy the rent to become payable; or against a vessel or the estate of the master or owner on a claim for materials or supplies, or for wharfage, pilotage, contract for transportation, or for injury to person or property by such vessel or any person in charge of her.
Arrest. There is no imprisonment for debt, but defendant may be arrested and held to answer on an affidavit showing the cause of action, the amount claimed, and that the defendant is about to quit the State.
GARNISHMENT is allowed on original attachment against any person have ing goods, effects, or credits of defendant, or who is indebted to him, and also or writ of fieri facias, on suggestion by judgment creditor that there is a lien by such writ on any third party as having property of the defendant.
JUDGMENT is » "en on real estate in the county where rendered from the
first day of the term when rendered, and every other county from the time of docketing in such county, but as against a purchaser for value it must be duly dccketed. The lien may be enforced in a court of equity. If it appears to the
ourt that the rents and profits of the property subject to the lien will not satisfy the judgment in five years, it may order the property, or part of it, to be sold, and apply the proceeds to discharge the judgment. Judgments bear interest at six per cent.
STAY OF EXECUTION. There is no stay of execution except on appeal, and on small claims in the justice courts, in which on security being given execution may be stayed for a period not exceeding ninety days.
EXEMPTIONS. To a householder - 1. Family Bible. 2. Family pictures, school-books and library for family use, to the value of one hundred dollars. 3. Seat or pew in church. 4. Lot in a burying-ground. 5. Necessary wearing apparel, beds, bedding, and bedsteads, stoves and appendages put up, and necessary for family use, not exceeding three. 6. One cow and her calf, one horse, six chairs, one table, six knives, forks, and plates, one dozen spoons, two dishes, two basins, one pot, one oven, six pieces wood or earthen ware, one loom and appurtenances, one safe or press, one spinning wheel, one pair of cards, one axe, two hoes, ten barrels corn, or in lieu thereof twenty-five bushels of rye or buckwheat, five bushels wheat, or one barrel of flour, two hundred pounds of pork or bacon, three hogs, forage or hay to the value of ten dollars, one cooking-stove and utensils, one sewing-machine, a mechanic's tools and utensils of trade to the value of one hundred dollars, the boat and tackle of an oysterman or fisherman not exceeding two hundred dollars; and to a laboring man being a householder, wages not exceeding fifty dollars per month. If the debtor is engaged in agriculture, one yoke of oxen, or one pair of horses or mules, with necessary gearing, one wagon or cart, two plows, one drag, one harvest cradle, one pitchfork, one rake, two iron wedges. In addition to the above is allowed to a householder, widow, or minor children, a homestead of real estate or personal property to the value of two thousand dollars, except as to certain preferred claims.
WASHINGTON.-ACTIONS. All distinctions in the forms of actions are abolished. They must be prosecuted by the real party in interest, and are commenced by filing a petition and serving a summons.
Arrest. Defendant may be arrested by order of court in the following cases: in an action for the recovery of damages, on a cause of action not arising out of contract, when defendant is a non-resident or is about to remove from the State, or in an action for injury to person or character, or for injuring or wrongfully taking, detaining, or converting personal property; in an action for a fine or penalty or on a promise to marry, or for money received or property embezzled or fraudulently misapplied or converted to his own use by a public officer, attorney, an officer or agent of a corporation, a factor, agent, broker, or other person acting in a fiduciary capacity, or for misconduct or neglect in office or professional employment; in an action to recover the possession of personal property unjustly detained, when it has been concealed, removed, or disposed of so that it cannot be taken by the sheriff with intent that it shall not be so taken as to deprive plaintiff of benefit thereof; when defendant has been guilty of fraud in contracting the debt or incurring the obligation on which the suit is brought, or in conceal
ing or disposing of property sued for, or has removed or disposed of his property, or is about to do so, with intent to defraud creditors; when the action is to prevent threatened injury to property in which plaintiff claims an interest; on final judgment or order of court when defendant having no property subject to execution has money which he ought to apply in payment but refuses, with intent to defraud plaintiff.
Plaintiff must furnish security for costs and damages.
ATTACHMENT may be had on filing affidavit of net amount due and that attachment is not sought, nor action brought to hinder, delay, or defraud creditors, and either that defendant is a foreign corporation, or a non-resident; or that he conceals himself, or has absented himself from his usual place of abode so that process cannot be served on him; or that he has removed or is about to remove property from the State to delay or defraud creditors; or that he has assigned, secreted, or disposed of property, or is about to do so to delay or defraud creditors; or that he is about to convert property into money to place it beyond reach of creditors; or that debt was fraudulently contracted; or that damages sued for are for injuries arising from some felony or for seduction.
Attachment may issue before debt is due, on affidavit that defendant is about to dispose of property to defraud creditors; or that he is about to remove from the State, and refuses to arrange for payment of debt, which contemplated removal was unknown to plaintiff when debt was contracted; or that he has disposed of property to defraud creditors; or that debt is for property obtained by false pretenses. Plaintiff must give security.
GARNISHMENT. Debts, credits, and personal property in the hands of third persons may be attached. Wages to amount of one hundred dollars exempt, except for necessaries, then only part of that amount.
JUDGMENT is a lien on land for five years from date of judgment in the county where rendered, in other counties from date of filing transcript with county clerk.
STAY OF EXECUTION is allowed on judgments as follows: In the Supreme Court, on sums under five hundred dollars, thirty days; on sums between five hundred and fifteen hundred dollars, sixty days; on sums over fifteen hundred dollars, ninety days. In the Superior Court, on sums under three hundred dollars, two months; between three hundred and one thousand dollars, five months; over one thousand dollars, six months.
Exemptions. To every person all wearing apparel, private libraries not exceeding five hundred dollars in value, family pictures and keepsakes, firearms, and a boat. To a householder being the head of a family, a homestead of the value of two thousand dollars, while occupied by such family; one bed and bedding, and one additional bed and bedding for every additional member of the family, and other household goods of the value of five hundred dollars; two cows with their calves, five swine, two stands of bees, thirty-six domestic fowls, and provisions and fuel for six months. To a farmer, one span of horses and harness, or two yokes of oxen, one wagon with farming utensils not exceeding five hundred dollars in value, one hundred and fifty bushels of wheat and oats or barley, fifty bushels of potatoes and ten bushels each of corn, peas, and onions. To a mechanic, the tools of his trade, and material to the value of five hundred dollars. To a physician, his library not exceeding five hundred dollars in value, horse and carriage, and instruments, and medicines to value of two hundred dollars. To attorneys and clergymen, and other professional men, their libraries not exceeding one thousand dollars in value and office furniture, stationery, and fuel, worth two hundred dollars. To persons engaged in lightering, one or more lighters or
scows and a small boat, not exceeding the aggregate value of two hundred and fifty dollars. To a teamster, a span of horses or mules, harness, and one wagon, cart, or dray. To a person engaged in logging, three yokes of oxen and implements of the value of three hundred dollars. Proceeds of life insurance and pensions are also exempt.
WEST VIRGINIA.— ACTIONS. The old forms of actions and writs are preserved, and actions are begun in justices' courts by service of summons returnable in not less than five, nor more than thirty, days ; in circuit courts, returnable within ninety days. The assignee of a bond, note, or writing not negotiable, may sue in his own name.
ATTACHMENT is allowed in actions for any claim or debt on contract, or for damages for any wrong, on an affidavit on behalf of the plaintiff, stating the nature and amount of the claim, and, 1. That defendant, or one of defendants, is a foreign corporation or non-resident. 2. That he has left, or is about to leave, the State with intent to defraud creditors. 3. That he so conceals himself that service cannot be had on him. 4. That he is removing, or is about to remove, his property from the State, so that an execution, when obtained, will be unavailing. 5. That he is con. verting, or is about to convert, his property into money or securities. with intent to defraud c.editors. 6. That he has assigned or disposed of his property, or is about to do so, with intent to defraud creditors. 7. That he has property or rights of action which he conceals. 8. That he fraudulently contracted the debt or liability in question. Plaintiff must also give security for damages and costs.
ARREST. Defendant may be arrested and held to bail on an affidavit stating the nature and justice of the claim, and the amount, and, 1. That defendant has removed, or is about to remove, his property from the State, with intent to defraud creditors. 2. That he has converted, or is about to convert, his property into money with like intent. 3. Or has assigned, disposed of, or removed his property, or is about to do so, with like intent. 4. That he has property or rights in action which he fraudulently conceals. 5. That he fraudulently contracted the debt or liability. 6. That he is about to leave the State permanently, without having paid plaintiff's demand.
Plaintiff must also give security for damages and costs.
GARNISHMENT. In the writ of attachment, the plaintiff may designate any third parties as having effects of the defendant in their hands, and such parties may be summoned as garnishees.
JUDGMENTS bear interest at six per cent.; are liens on real estate in every county from the date of docketing in the county where the land is, and the lien continues for ten years, but the judgment must be docketed within sixty days from the date of ren. dition, or before any deed from the debtor to a third party is delivered for record. A writ of fieri facias is a lien on personal property from the time of delivery to the sheriff.
STAY LAW. In justices' courts, by giving bond with surety. stay of execution is allowed as follows: Where the judgment, exclusive of interest and costs, does not exceed fifty dollars, two months; between fifty and one hundred dollars, five months, over one hundred dollars, six months.
EXEMPTIONS. Any husbanu or parent, or the widow, or infant children of deceased parents may set apart a homestead to the value of one thousand dollars, as against debts accrued after date of filing declaration of homestead, and personal
property to the value of two hundred dollars. The working tools of a mechanic, artisan, or laborer, to the value of fifty dollars, provided the whole amount of exemptions does not exceed two hundred dollars.
WISCONSIN.-ACTIONS. All distinctions have been abolished, and there is now but one form, which must be prosecuted in the name of the real party in inter. est, except in case of executors, administrators, and trustees, and which is begun by the service of a summons on the defendant.
ARREST. Defendant may be arrested, 1. In an action to recover damages not on contract, where the defendant is a non-resident, or is about to remove from the State, or where the action is for injury to the person or character, or for injury to, or wrongful taking, detaining, or converting property, or in an action to recover dam. ages for property taken under false pretences. 2. In an action for a fine or penalty, os for money received, or property embezzled, or fraudulently misapplied by a public officer or attorney, or an officer of a corporation as such, or factor, agent, or broker, or for misconduct or neglect in official or professional employment. 3. In an action to recover property urjustly detained, where it is so concealed that the sheriff cannot find the same, but no female to be arrested except for wilful injury to person, character or property.
An affidavit must be made on the part of the plaintifi, stating the cause of action, and one of the above causes, and security must be given to defendant.
ATTACHMENT is allowed on an affidavit that the defendant is indebted to plaintti, and stating the amount, which must exceed fifty dollars, that it is due on con. tract or judgment, and, 1. That defendant has absconded, or is about to abscond, or is concealed to the injury of his creditors, or to avoid service of summons. 2. That defendant has assigned, disposed, or concealed his property, or is about to do so, with intent to defraud creditors. 3. That the defendant has removed, or is about to romove, his property from the State, with intent to defraud creditors. 4. That the debt was fraudulently contracted. 5. That he is a non-resident. 6. Or a foreign corporation, or if incorporated in the State, that all the proper officers on whom to make service are non-residents or cannot be found. Or the affidavit shall state that a cause of action sounding in tort exists for an amount exceeding fifty dollars, and that the defendant is not a resident of the State, or that his residence is unknown and cannot be ascertained, or that defendant is a foreign corporation. Attachment may issue on a demand not yet due in any case mentioned in the first four subdivis. ions. Plaintiff must also give bond.
GARNISHMENT is allowed on an affidavit on behalf of the creditor, that he believes that any third person (naming him) has property, effects, or credits of defendant, or is indebted to him, and that defendant has not property sufficient to satisfy his de mand; also on execution, on a similar affidavit.
JUDGMENT is a lien on real estate in the county where rendered from the date of docketing, and in other counties from the time of filing a transcript, and the lien continues for ten years. It bears interest at six per cent., except judgment for foreclosure which is at rate specified in mortgage. not exceeding six per cent.
Stay Laws. In justices' courts, on giving bond with surety within five days after judgment was rendered, stay of execution is allowed as follows: On sums not exceeding ten dollars, exclusive of costs, one month; between ten and thirty dollars, two months; between thirty and fifty dollars, three months ; over fifty dollars, four months