judgment shall not be rendered against a garnishee until the action against the defendant is determined; and if the plaintiff fails to recover judgment either against the defendant or the garnishee, the garnishee shall be discharged and recover his costs. (180.) [As amended, 1897 S., p. 233. In force March 8, 1897. 1. A defendant in garnishment may appeal from the judgment against him.- Burgess v. Matlock, 14 Ind. 475. 2. Payment by the garnishee is protection, even though the proceedings be erronec us and irregular. Schoppenhast v. Bollman, 21 Ind. 280. 3 A writ of garnishment, duly issued and served, holds all the assets in the hands of the garnishee from the time of its service, for the original plaintiff and all creditors filing under. Ryan v. Burkam, 42 Ind. 507; Taylor v. Elliott, 51 id. 375. 937. Proceedings not affected by return of "no property." 222. The return of "no property found" upon the order of attachment shall not affect the proceedings against the garnishee. (181.) 938. Costs as to garnishee. 223. If the plaintiff recover judgment against the defendant, and the garnishee deliver up to the Sheriff, before judgment against him, all the defendant's goods and chattels, or other effects in his possession subject to execution, or an inventory thereof, and pay to the Sheriff or into Court all moneys due from him or belonging to the defendant, the costs in the proceeding against the garnishee shall be paid by the defendant; but if the garnishee shall not appear, or, if appearing, shall refuse truly to confess the matter alleged, and, on the trial, the plaintiff shall recover judgment against him; or if he admit that he has moneys, credits, or effects belonging to the defendant in his hands, and shall refuse to pay or deliver the same as above provided, he shall pay costs. (182.) 939. Contract of garnishee, how performed. 224. A garnishee shall not be compelled in any case to pay or perform any contract in any other manner, or at any other time, than he would be bound to do for the defendant. 183.) [As amended, 1897 S., p. 233. In force March 8, 1897. 940. Garnishee paying, is discharged. 225. A garnishee may pay the money owing to the defendant by him to the Sheriff or into Court, and shall be discharged from liability to the defendant for moneys so paid, not exceeding the plaintiff's claim. (184.) 941. Examination-Order of Court. 226. A garnishee, or officer of a corporation, summoned as a garnishee, at any time after being served with the summons five days, may be examined, in open Court, on oath; and if it be discovered on such examination, that, at the time or after the service of the summons upon him, he or the corporation was possessed of any property of the defendant, or was indebted to him, the Court may order the delivery of such property and the payment of any such indebtedness into Court, or the execution of a written undertaking by the garnishee, with sufficient sureties to be approved by the Court, payable to the plaintiff, to the effect that the indebtedness shall be paid or the property forthcoming, as the Court shall direct. (185.) 942. Collecting officer subject to garnishment. 208. Clerks of the Circuit and Superior Courts, Sheriffs, Justices of the Peace, Constables, and all other officers who may collect money by virtue of their office, and all executors, administrators, guardians, and trustees, shall be subject to garnishment at the suit of any creditor who has money or choses in action in the hands of such officer, executor, administrator, guardian, or trustee at the time of the service of such garnishee process, in the same manner and to the same extent as other persons are subject to be garnished. [As amended, 1897 S., p. 234. In force March 8, 1897. 1. The unascertained shares of an estate in the hands of an executor or administrator are subject to garnishment.- Stratton v. Ham, 8 Ind. 84. 943. Claims of other creditors, how filed. 227. Any creditor of the defendant, upon filing his affidavit and written undertaking, as hereinbefore required of the attaching-creditor, may, at any time before the final judgment in the suit, make himself a party to the action, file his complaint, and prove his claim or demand against the defendant; and may have any person summoned as garnishee, or held to bail, who has not before been summoned or held to bail; and propound interrogatories to the garnishee, and enforce answers thereto, in like manner, as the creditor who is plaintiff. (186.) 1. Claims for alimony, adjudged upon and filed under, are proper and allowable against an attachment-debtor.- Farr v. Buchner, 32 Ind. 382, com 2. An attaching-creditor may contest the claims of other attaching-creditors, where the principal debtor does not appear and defend. Lytle v. Lytle, 37 Ind. 281. 944. Subsequent creditors not affected by dismissal. 228. A dismissal of his action or proceedings in attachment by the first attachingcreditor shall not operate as a dismissal of the action or proceedings of any subsequent attaching-creditor.. (187.) 945. Appearance, discharge, and restitution. 229. Any defendant against whom an order of attachment has been issued may, after appearing to the action, move to have the attachment discharged and restitution awarded of any property taken under it; but an appearance to the action shall not operate to discharge the attachment, unless a written undertaking be filed as required in section two hundred and thirteen [§ 928]. If the defendant appear, and judgment be rendered in favor of the plaintiff, and any part thereof remain unsatisfied after exhausting the property attached, such judgment shall be deemed a judgment against the defendant personally, and shall have the same force and effect as other judgments; and execution shall issue thereon accordingly for the collection of such residue. If the plaintiff's undertaking be insufficient, he shall have a reasonable time to file an additional one. (188.) 946. Effect of judgment for defendant. 230. If the judgment in the action is rendered for the defendant, the attachment shall be discharged, and the property attached, or its proceeds, returned to him. (189.) 947. Judgment for plaintiff- Enforcement. 231. If judgment in the action be rendered for the plaintiff, or one or more of several plaintiffs, and sufficient proof be made of the goods, chattels, rights, credits, moneys, and effects in the possession of the garnishee, the Court shall also give judgment in favor of the plaintiff or creditors against the garnishee or the property of the defendant, or both, as the case may require; which may be enforced by execution. (190.) 1. Á verdict against an attachment-defendant, that he had conveyed his property with intent to cheat his creditors, does not authorize a sale without appraisement, un-less the judgment so directs.- Shirk v. Wilson, 13 Ind. 129. 948. Attached property, how sold. 232. After judgment for the plaintiff, or one or more of several plaintiffs, property attached and remaining unsold may be sold on execution, as in other cases. (191.) 949. Money, how distributed. 233. The money realized from the attachment and the garnishees shall, under the direction of the Court, after paying all costs and expenses, be paid to the several creditors in proportion to the amount of their several claims as adjusted, and the surplus, if any, shall be paid to the defendant. (192.) 1. The judgment should direct the distribution of the proceeds of sale to be made pro rata among the creditors attaching.— Compton v. Crone, 58 Ind. 106. 950. Action on plaintiff's bond, when. 234. Every defendant shall be entitled to an action on the written undertaking of the plaintiff or creditor by whose proceedings in attachment he shall have been aggrieved, if it shall appear that the proceedings were wrongful and oppressive; and he shall recover damages at the discretion of the jury. (193.) 951. Action by State - No affidavit or bond. 235. In all actions in the name of the State of Indiana, or of any person, agent, or officer for the use of the State, if process be returned that any defendant is not found, an order of attachment may be issued and proceedings had in like manner, as in other cases, without filing any affidavit or written undertaking. (194.) 952. Sheriff's return. 236. When an order of attachment is fully executed or discharged, the Sheriff shall return the same, with his proceedings thereon, to the Court. (195.) 953. Proceedings before Justices. 237. Attachments against the goods and chattels, rights, credits, moneys, and effects of defendants may be issued in cases contemplated in the foregoing provisions, upon any claim within the jurisdiction of a Justice of the Peace, upon filing with the Justice an affidavit, as prescribed in this Article, and the Justice shall perform the duties required of the Court and the Clerk thereof, and the Constable shall perform the duties required of the Sheriff in the above provisions. The Constable shall return the order of attachment within ten days with his doings thereon; and in case where a summons has not been served and property has been attached, the Justice shall give three weeks' notice of the attachment in some newspaper published in the county, if any is published therein; if not, then by posting up written notice thereof in three of the most public places in the township; and fix the day of trial at the expiration of such notice. (196.) 954. Trial-Judgment. 238. If the defendant do not appear and give bond for the release of the property attached, before the day of trial, the Justice shall proceed to hear and determine the cause; and in case judgment be given against the defendant, he shall order the property to be sold to satisfy the judgment, according to the provisions of this Article. (197.) 955. Garnishees. 239. Garnishees may be summoned, and the same proceedings had before the Justice, as provided in higher Courts. (198.) 956. Proceedings where claim exceeds jurisdiction of Justice. 240. When any suit is commenced before a Justice of the Peace, and an attachment is also issued by said Justice in the same action against the property of the defendant, any person who shall have a claim against said defendant of a larger amount than the jurisdiction given to Justices of the Peace, may file the same with the Justice of the Peace under the attachment; and if any such claim is filed, the Justice of the Peace shall immediately certify the cause, with all the papers belonging to the same, to the Circuit Court of the county wherein said suit was commenced; and the Clerk of said Court to which the cause is certified, shall docket the same; and the said Court shall proceed with such cause in the same manner as if it had been commenced in said Court. 957. When plaintiff to pay costs. 241. If any person shall file a claim before the Justice of the Peace, as stated in the preceding section, and shall, on the trial in the Circuit Court, fail to establish his claim to an amount sufficient to entitle him to recover costs in such Court, according to the provisions of law now in force, then, and in that event, he may recover judgment for his claim, if proved, but shall pay all costs that accrue in consequence of such transfer; but if he shall recover judgment to an amount sufficient to entitle him to recover costs, then, and in that event, the attachment-defendant shall pay all costs to each attachment-plaintiff that shall recover judgment. 958. Wages-Parties non-resident, no jurisdiction. 242. Hereafter no Court in this State shall have or entertain jurisdiction in any action of attachment, garnishment, or supplementary proceeding, when the plaintiff and principal defendant are both non-residents of this State, and the money sought to be reached by such attachment, garnishment, or supplementary proceedings is the personal earnings or wages due or owing to the principal defendant from any person or corporation doing business in this State. 959. Wages for one month exempt. 243. The wages of all householders in the employ of any person or corporation shall be exempt from garnishment and proceedings supplemental to execution in the hands of such person or corporation, so long as such employe remains in such employment, not exceeding twenty-five dollars at any one time, and no exemption shall be allowed as against garnishment except as in this section provided. [As amended, 1897 S., P. 234. In force March 8, 1897. 960. Garnishee may pay one month's wages. 244. Any person or corporation in debt for wages, as in the preceding section provided, may, at any time after being served with a garnishee summons, pay to any such employe the amount of wages exempted by the preceding section; and such payment shall discharge such garnishee-defendant from liability for the amount so paid, as effectually as if paid before the issuing of such summons. [1881 S., p. 240. In force September 19, 1881.] 961. Who may conduct civil actions. 830. A civil action may be prosecuted or defended by a party in person or by attorney, except that a corporation appears by attorney in all cases. (765.) 1. When a person has been practicing as an attorney, it will be presumed that he was lawfully authorized to do so a summary order of disbarment, in the absence of statutory proceedings, is void.—Trippe, ex parte, 66 Ind. 531. 962. Who may be-Moral character-Examination-Roll. 831. Every person of good moral character, being a voter, on application, shall be admitted to practice law in all the Courts of justice; but a jury may be demanded upon the question of character by any citizen of the county. Moral character may be proved by any evidence satisfactory to the Court or jury trying the question; and any person desiring admission to the bar may, upon motion, be examined touching his learning in the law, by the Judge or a committee of the bar whom the Judge may select for that purpose. If he shall be found, by reason of his learning, qualified to practice the law, as well as otherwise qualified, he shall be admitted to the practice, which shall be entered of record. A roll of attorneys shall be kept in every Court, and no name shall be placed thereon except such as are thus shown to be qualified to practice law by reason of their learning therein. (766.) 1. Attorneys are entitled to a lien on judgments for fees.-- Johnson v. Ballard, 4 Ind. 270. 2. A county is liable for services of an attorney appointed by the Court to serv paupers or pauper criminals.- McCabe v. Board, 46 Ind. 380. 3. Under such appointment, the attorney is not compelled to act gratuitously.Webb v. Baird, 6 Ind. 13; Scoby v. Ross, 13 id. 117; Board v. Wood, 35 id. 70; Gordon v. Board, 44 id. 475 4. Purchase of client's interest in the subject-matter of litigation is void.-West v. Raymond, 21 Ind. 305; Lashley v. Cassell, 23 id. 600. 5. An attorney can not compromise or settle a claim, without authority from the client, for any thing but cash, to the full extent of it.--Wakeman v. Jones, 1 Ind. 517; Jones v. Ransom, 3 id. 327. 6. An attorney can recover from a third person who has employed him therein, for the value of services exceeding the allowance made by the Court for the defense of a pauper criminal.-Cheek v. Schwartz, 70 Ind. 339. 7. An unconditional stipulation in a note, by which the makers "agree to pay attorney's fees for collecting the same," is valid.-Tuley v. McClung, 67 Ind. 10. 8. An attorney can not withdraw his appearance without the permission of the Court.- Symmes v. Major, 21 Ind. 443. 9. An attorney can not appear for a party who has not retained him.-- Bowen v. Wood, 35 Ind. 268. 10. The negligence of an attorney in a suit is the negligence of the client.- Spaulding v. Thompson, 12 Ind. 477. 11. When an administrator or executor, or one of several co-trustees, employs an attorney, he or they are personally liable for the fees for his services in the trust; but the attorney may waive such personal liability, and hold the estate liable therefor.-Long v. Rodman, 58 Ind. 58. 12. The death of the client ends the authority of the attorney.— Rumbles v. Jones, 3 Ind. 35. 963. Certificate of admission. 832. Whenever any person has been admitted to practice law in a Court of record in any county, he shall be entitled to receive from the Clerk a certificate of admission, which shall authorize him to practice law in all the Courts of this State; but any Court may, at any time, inquire into and determine for itself the moral character of any person practicing or offering to practice law in such Court. (767.) 964. Non-resident attorneys. 833. Any Court may permit an attorney who is not a resident of this State to practice law therein, during any term of such Court, upon his taking an oath for the faithful discharge of his duties. (768.) 965. Oath and entry. 834. Every person, before proceeding to discharge the duties of an attorney, shall take an oath to support the Constitation of the United States and of this State, and that he will faithfully and honestly discharge the duties of an attorney-at-law; which oath shall be entered in the order-book of the Court. (769.) |