for the amount thereof, it may vacate the order of attachment, and direct the restitution of any property taken under it, unless, in a reasonable time, to be fixed by the court, sufficient security be given by the plaintiff.64

Sec. 317. The defendant may move to discharge-Attachment-The evidence in the case.

The defendant may, at any time before judgment, upon reasonable notice to the plaintiff, move to discharge an attachment, as to the whole or part of the property attached. If the motion be made upon affidavits on the part of the defendant, or papers and evidence in the case, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence in addition to that on which the order of attachment was made." 65

Sec. 318. The attachment before it is due.

Where a debtor has sold, conveyed, or otherwise disposed of his property, with the fraudulent intent of cheating or

64 Snyder, 5,150; Wilson, 4,414. 65 Snyder, 5,751 and 5,752; Wilson, 4,415 and 4,416; Kansas, 4,664 and 4,666 (1901), identical; Nebraska, 1,208 and 1,209 (1907), identical; Ohio Gen. Code, Secs. 11,862 and 11,863 (1910), identical; Carnahan v. Gustine, 2 Okla. 399, 37 Pac. 594; Cassity v. Morris, 19 Okla. 203, 91 Pac. 888; Rumson v. Merrill, 17 Okla. 44, 86 Pac. 431; Williams v. Farmer, 13 Okla. 5, 73 Pac. 269; Raymond v. Nix, 5 Okla. 566, 49 Pac. 1,110; Quinlan v. Dadford, 28 Kan. 507; Merchants v. Danford, 28 Kan. 512; Smith v. Dearse, 21 Pac. (Kan.) 167; Guest v. Ramsey, 33 Pac. 17; Moffett v. Boydston, 46 Pac. (Kan.) 24; Wichita v. Records, 19 Pac. (Kan.) 346; Mortgage v. Norris, 54 Pac. (Kan.) 283; Adams v. Lockwood,

2 Pac. (Kan.) 626; Moline v. Eustis, 57 N. W. (Neb.) 160; Herman v. Hayes, 78 N. W. (Neb.) 365; Stutzner v. Printz, 61 N. W. 620; Meyer v. Kiefer, 78 N. W. 506; McCord v. Bowen, 70 N. W. 950; Kilpatrick v. Bremers, 62 N. W. (Neb.) 1,105; Kountze v. Scott, 72 N. W. 585; Skruner v. First, 80 N. W. 42; McDonald v. McQuardt, 73 N. W. (Neb.) 288; Grotts v. Nagel, 69 N. W. 973; Holloway v. American, 89 N. W. (Neb.) 382; Jordan v. Dewey, 59 N. W. (Neb.) 88; Johnson v. Bartek, 76 N. W. (Neb.) 878; Kendell v. August, 32 Pac. (Kan.) 635; Meyer v. Mabin, 28 Pac. (Kan.) 1,011; Chappell v. Comins, 25 Pac. 216; Olds v. Bebedict, 41 N. W. (Neb.) 254; Citizen v. Baird, 60 N. W. (Neb.) 551; Nebraska v. Fuering, 72 Neb. 1,003.

defrauding his creditors, or to hinder or delay them in the collection of their debts, or is about to make such sale or conveyance, or disposition of his property, with such fraudulent intent, or is about to remove his property, or a material part thereof, with intent or to the effect of cheating or defrauding his creditors, or of hindering, or delaying them in the collection of their debts, a creditor may bring an action upon his claim, before it is due, and have an attachment against the property of the debtor as in other cases; but before such attachment will be issued, or such action be maintained, the plaintiff, or his agent or attorney, is required to make an oath in writing, setting forth the grounds of such attachment as in other cases, and showing the nature of the plaintiff's claim that it is just, when the same will become due, and the existence of some one or more of the grounds for attachment enumerated in this paragraph. But no judgment can be entered for the plaintiff on his claim before it is due, but the proceeding on the attachment may be conducted without delay."7

66

Sec. 319. The procedure by which real estate is sold under a writ of attachment-The form for petition in

Comes now the plaintiff, and for his cause of action against the defendant, alleges and states that this his action against said defendant is founded on a promissory note, of which the following is a copy, with all the credits and indorsements thereon, to-wit: (Here copy same.)

66 Snyder, 5,753; Wilson, 4,417.

67 Snyder, 5,744; Wilson, 4,422.

The following are the indorsements on said note: Pay to the order of without recourse, day of

On the

19-, said note was, for a valuable consideration, transferred and indorsed to plaintiff. plaintiff from the said defendant on said note

There is due

the sum of $

of

with interest thereon from the -day 19, at the rate of -% per annum until paid. WHEREFORE, the premises considered, plaintiff asks judgment against said defendant for said sum of $

at the rate of

% per annum, from the 19, and for his costs herein expended.

with interest

day of

Attorneys for Plaintiff.

State of Oklahoma, Okmulgee County, ss.:

being first duly sworn, says that he is plaintiff in the

above action, and that the facts stated and allegations contained

in the foregoing action are true.

Sworn to before me and subscribed in my presence, this

County, ss.:

being first duly sworn, that this, his said civil action,

is for the recovery of money upon a debt arising upon a contract, to-wit: one promissory note made by said defendant, payable to and by him transferred and assigned to plaintiff, and interest

said note being for the principal sum of $

thereon from the

day of

19, at the rate of

-% per annum until paid; that plaintiff believes he ought thereon, and interest on said sum

to recover the sum of $

from the

day of

19, at the rate of

-%

per annum; that said sum is just, and that said defendant

is a nonresident of the State of Oklahoma (or give here

any of the other statutory grounds).

Sworn to before me and subscribed in my presence, this

which he may sustain, together with a reasonable attorney fees, by reason of the attachment in this case, if the order prove to have been wrongfully obtained.

IN WITNESS WHEREOF, we have hereunto affixed our hands on this

day of

19-.

Principals.

Sureties.

The above bond and the sureties thereon approved and accepted by me on this

day of

19-.

Clerk.

Sec. 322. The form for the order of attachment issued by the clerk to the sheriff.

County, ss.:

The State of Oklahoma,

To the Sheriff of said County, Greeting:

You are commanded to attach and safely keep the lands, tenements, goods, chattels, stocks, or interest in stocks, rights, credits, moneys and effects of the defendant,

in your county,

not exempt by law from being applied to the payment of the claims of plaintiff, or so much thereof as will satisfy his with interest on said sum from the 19, at the rate of

claim for $

day of

also for $

-% per annum,

and

the probable costs of this action.

You will make due return of this order on the

19-.

WITNESS my hand and seal of said court, this

day of

day of

19-.

Clerk of said Court.

Sec. 322a. The form for sheriff's return of the order of attachment and the appraisement thereunder.

SHERIFF'S RETURN OF ORDER OF ATTACHMENT.

day of

obedience to the command thereof, I did, on the

Received this order on the

19, in the presence of

and

holders of said county, attach the real estate described in schedule marked A, hereto attached and made a part of this