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isfied 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.

958. (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.

959. (947.) Judgment for plaintiff-Enforcement.-231. If judg ment 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.

The judgment should direct a sale of the property and a distribution of the proceeds pro rata among the creditors whose claims are allowed. Compton v. Crone, 58 Ind. 106; Cooper v. Metzger, 74 Ind. 544.

An order of distribution of the proceeds of property can not be made until all claims are adjusted. Henderson v. Bliss, 8 Ind. 100.

If the property is not subject to attachment it should not be ordered sold. Johnston v. Field, 62 Ind. 377.

If some of the claims waive relief of appraisement laws, and others do not, a sale may be ordered without appraisement. Shirk v. Wilson, 13 Ind. 129.

If a personal judgment alone is rendered no sale can be ordered under the attachment. Smith v. Scott, 86 Ind. 346; Swannes v. Ross, 105 Ind. 558; United States Co. v. Henderson, 111 Ind. 24; Lowry v. McGee, 75 Ind. 508.

960. (948.) Attachment property, how sold.-232. After judg ment for the plaintiff, or one or more of several plaintiffs, property attached and remaining unsold may be sold on execution, as in other

cases.

961. (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.

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; Cooper v. Metzger, 74 Ind. 544.

The money should not be paid into court but should be paid by the officer to the creditors. Cooper v. Metzger, 74 Ind. 544.

962. (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.

If the plaintiff fails in the attachment suit, or if the proceedings are wrongful and oppressive, an action lies on the attachment bond. Harper v. Keys, 43 Ind. 220; Trentman v. Wiley, 85 Ind. 33.

The complaint in an action on the bond need not aver the various steps taken in the attachment suit. Trentman v. Wiley, 85 Ind. 33.

It must be alleged that the damages are unpaid. Michael v. Thomas, 27 Ind. 501; Uhrig v. Sinex, 32 Ind. 493.

Copies of the attachment proceedings need not be filed with the complaint. Draper v. Vanhorn, 12 Ind. 352.

If the non-residency of one defendant is the ground of the attachment, the resident defendant has no right of action on the bond. Faulkner v. Brigel, 101 Ind. 329.

If a personal judgment only is taken, the attachment is in effect dismissed, and a right of action accrues on the bond. Sannes v. Ross, 105 Ind. 558.

In an action on the bond the measure of damages is the actual loss, including expenses incurred in defending the attachment suit. Wilson v. Root, 43 Ind. 486; Trentman v. Wiley, 85 Ind. 33.

963. (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.

964. (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.

965. (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.

Actions of attachment before justices of the peace, against residents of the state, must be brought in the township where the defendant resides. Wilkinson v. Moore, 79 Ind. 397.

When notice to the defendant is given by publication, there must be three publications and the last must be thirty days before trial. Andrews v. Powell, 27 Ind. 303.

966. (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.

The practice in attachment proceedings is the same before justice's courts, as in other courts. Dunn v. Crocker, 22 Ind. 324.

967. (955.) Garnishees.-239. Garnishees may be summoned, and the same proceedings had before the justice, as provided in higher

courts.

Jurisdiction must be obtained of the principal defendant or a judgment against a garnishee will be void. Matheney v. Earl, 75 Ind. 531; Newman v. Manning, 89 Ind. 422.

968. (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 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.

If each claim filed is within the jurisdiction of the justice he may try the cause, though the aggregate of all claims may exceed his jurisdiction. Andrews v. Powell, 27 Ind. 303.

The same person may have several suits at the same time, the aggregate of which exceeds the jurisdiction of the justice. State, ex rel., v. King, 5 Ind. 439.

969. (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. 970. (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.

971. (959.) Wages for one month exempt.-243. The wages of all persons 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 one month's wages at any one

time.

972. (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.

For decisions relating to the sending of claims out of this state on residents of the state for collection, and the garnishment in other states of the debts or of residents of this state, see Wilson v. Joseph, 107 Ind. 490; Railroad Co. v. Meyer, 117 Ind. 563; Railroad Co. v. Baker, 122 Ind. 433.

If a creditor wrongfully sends a claim out of this state for collection by attachment and garnishee proceedings, and the debtor is deprived of the benefit of the exemption laws of this state, he has a right of action against the creditor. Kestler v. Kern, 2 App. 488.

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[1881 S., p. 240. In force September 19, 1881.]

973. (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.

Courts can not appoint attorneys for adult persons in civil actions without their consent. Chandler v. Chandler, 13 Ind. 492.

An attorney who is plaintiff may employ an attorney who will be entitled to the fees included in the contract sued on. Harvey v. Baldwin, 124 Ind. 59.

974. (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 peason 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.

An application for admission to practice law may be made by oral motion, and evidence may be heard for and against the application without written pleadings. Ez parte Walls, 73 Ind. 95.

An application for admission to practice law is triable only by the court. Ex parte Walls, 73 Ind. 95.

Any person may oppose the admission of a person to practice law. Ex parte Walls,

73 Ind. 95.

The statute prohibiting certain persons from practicing law is constitutional. MeCracken v. State, 27 Ind. 491.

975. (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.

976. (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.

977. (965.) Oath and entry.-834. Every person, before proceeding to discharge the duties of an attorney, shall take an oath to support the constitution 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.

978. (966.) Clerk to furnish court with list.-835. At each term of the court, the clerk shall furnish the court with a list of the names of all the attorneys having business in such court.

979. (967.) Duty of attorney.-836. It shall be the duty of an attorney

First. To support the constitution and laws of the United States and of this state.

Second. To maintain the respect that is due to the courts of justice and judicial officers.

Third. To counsel or maintain such actions, proceedings, or defenses, only, as appear to him legal and just; but this section shall not be construed to prevent the defense of a person charged with crime, in any case.

Fourth. To employ, for the purpose of maintaining the causes confided to him, such means, only, as are consistent with truth, and never seek to mislead the court or jury by any artifice or false statement of fact or law.

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