otherwise, or any interest he has in any banking, turnpike, bridge, or other joint stock company, or in any money contract, claim, or choses in action (1), due or to become due to him, or in any judgment or order, or any money, goods, or effects which he has in the possession of any person, or body politic or corporate, shall be subject to the payment of the judgment, by action. [51 v. 57, 458; S. & C. 1086.]

1. 3 C. C. R. 98. Insufficient answer, 21 Bull 313.

A proceeding under this section is in the nature of a creditor's bill, 18 O. S. 24. If assignment for creditors is fraudulent, property is liable, 5 O. 293. Bonds of railroad company unissued can not be subjected, 2 D. 465; nor debts of county, 18 O. 13. Property of different defendants can be reached in the same bill, 11 O. 292. Right to dower is liable, 5 Bull. 410; 41 O. S. 540. Earnings for three months exempted, 25 O. S. 516. Issuance and return of execution not essential if fact that judgment debtor has no property subject to levy and sale is averred, 2 O. 294; 6 O. 227; 16 0.317; 13 O. S. 263. Foreign land is not liable, 1 D. 550. Fraudulent conveyance set aside at suit of creditor, 18 O. 444; 29 O. S. 597. Joinder of actions and parties; a cause of action to recover a money judgment, and one in the nature of a creditor's bill to obtain satisfaction of judgment, can not be united, 1 W. L. M. 571; nor a claim against a corporation alleged to be insolvent with a prayer against stockholders indebted to the corporation for arrears of subscription, 1 H. 281; but a judgment creditor of an insolvent railroad corporation may join in the same action a claim to compel payment of unpaid subscriptions for stock and a claim to enforce the individual liability of stockholders for the satisfaction of his judgment, 20 O. S. 190. Plaintiff can not, in a suit against a defendant on a contract to recover money, join debtors of defendant and seek to subject their debts to the payment of his judgment when recovered, 1 H. 217. Judgment must first be obtained, unless there is a charge or lien, 1 H. 281; 24 O. S. 432; 16 O. 317. When a judgment upon which an action was based to subject a debt due the judgment debtor was set aside at a subsequent term for irregularity, and re-entered, and a supplemental petition based upon the latter judgment was filed, the proceeding was lis pendens, and did not authorize the debtor of the judgment debtor to pay him his debt, 10 O. S. 365. A justice of the peace has no jurisdiction to subject choses in action belonging to judgment debtor to payment of judgment, 1 H. 557. The Superior Court of Cincinnati and common pleas have jurisdiction, though the judgment is less than one hundred dollars, Id. Permanent leasehold mortgaged can only be reached by this proceeding, 11 O. 355. Possession by license not liable, 3 O. 292. Judgment creditor acquires no lien in equity upon choses in action of debtor until bill is filed, 6 O. 156; 4 O. S. 623; obtains preference by filing bill, 13 O. 197. Money can be subjected, 1 W. L. M. 143 (but not money in the hands of a person not summoned, 2 Clev. R. 185); and mortgagor's interest without tender of money due to mortgagee, 17 O. 336. Partnership property must be first exhausted before action can be maintained to subject moneys owned by one partner to pay partnership debt, 30. 287. In action to collect judgment due firm, not necessary

to allege that firm was formed for or doing business in Ohio, in averring rendition of judgment in favor of firm, 13 O. S. 210. Pleading must show that judgment is recovered and that there is no real or personal property sufficient to satisfy debt, 3 O. 287; 16 O. 318. Averment of return of "no goods" insufficient, 1 D. 159; 8 O. 217. Salaries of city officers may be subjected, 15 O. S. 452; and stockholders' subscriptions, 17 O. 187. No action lies against state to compel payment stock subscription, 11 O. 273. Sureties against whom judgment is had may subject credits of principal to payment of judgment without first paying the debt, 10. 533; 4 O. S. 600. Trust fund. Interest payable to A for life, with remainder to his heirs, is liable, 2 H. 78. Vendor's lien for unpaid purchase money subject, 24 O. S. 402. Form, 11 O. 292.

SUBDIVISION II. BY GARNISHMENT AGAINST RAILROAD COMPANIES.

25465. Proceedings in aid by garnishment against railroad company. The plaintiff, or his agent or attorney, in a judgment against a railroad company, rendered in any court, upon a claim due to common laborers for work and labor performed for the company, or for crossties, lumber, or wood furnished thereto, to be used in the construction, repair, or operation of its road, or for the erection of fences along the line of its road, required by law to be erected, or upon a note, or other evidence of indebtedness, given for the considerations aforesaid, may file with a precipe for execution upon such judgment his affidavit, setting forth the claim upon which the judgment is founded, that he has no knowledge of any property of the defendant liable to levy and sale upon the execution, and that a person or corporation, to be therein named, and within the jurisdiction of the officer to whom the execution is to be directed, is indebted to the defendant, or has property or claims of the defendant in his possession or under his control, as agent of the defendant, or otherwise; and thereupon the clerk shall issue a notice to each person or corporation named, to the effect that he is required to pay over and deliver, to the officer holding such writ, the money, property, and claims of the defendant, in his possession or under his control, or which may come into his possession or under his control at any time before the satisfaction of the judgment, not exceeding an amount sufficient to pay the same and costs. [63 v. 126, ? 1; S. & S. 119.]

2 5466. Id.

Notice to garnishee. The officer shall

serve upon each garnishee named in the notice a copy of the execution and notice, and the person so served shall be bound to the plaintiff in execution, from the date of such service, for all the money, property, and credits of the defendant, in his possession or under his control, or which may come into his possession or under his control at any time before the satisfaction of the judgment. [57 v. 119, 22; S. & C. 1174.]

See ? 6512.

? 5467. Id. Examination of garnishee. The garnishee may be required, by a written notice, at any time after service on him as above provided, to appear before any officer within his township competent to administer oaths, or before the clerk of the court of common pleas of his county, and answer such questions as may be asked him touching the property of every description, money, and credits of the defendant, in his possession or under his control; the notice shall be signed by the plaintiff, or his agent or attorney, shall specify the time when and place where the examination will be held, and shall be served at least one day before the day fixed for the examination; the examination shall be reduced to writing, signed by the garnishee, certified by the officer before whom it was taken, and filed with the papers in the case; and the garnishee shall be entitled to the same fees for attendance as are allowed to witnesses. [57 v. 119, 23; S. & C. 1174.]

25468. Id. Attachment against garnishee on failure to appear or refusal to answer. If the garnishee refuse to appear, as required by the notice, an attachment may be issued against him, upon proof made of due service of the notice; or if, having appeared, he refuse to answer such questions as are asked him as aforesaid, the officer before whom the examination is being had shall commit him to the jail of the county until he answers such questions, or is discharged according to law. [57 v. 119, 2 4; S. & C. 1174.]

5469. Id. Garnishee to deliver money and property to officer. The garnishee shall pay over to the officer all money in his hands, or under his control, or which may come into his hands or control, belonging to the defendant, not exceeding the amount of the judgment and costs, and deliver to the officer all property and credits of the

defendant in his hands, or which may come into his hands, and take his receipt for such money, property, or credits, which receipt shall be a sufficient discharge of liability therefor; and upon refusal by such garnishee to pay over or deliver as aforesaid, the plaintiff may commence an action therefor, in his own name, against the garnishee, and recover the same, with costs. [57 v. 120, 25; S. & C. 1174.]

2 5470. Id. Officer to sell property. The officer shall sell, as upon execution, any property of the defendant so delivered to him which would be liable to seizure and sale upon execution, and shall hold all the other property to abide the order of the court. [57 v. 120, 6; S. & C. 1174.]

25471. Id. When assignments void. An assignment or transfer of property, in the hands or under the control of any agent of such railroad company at the date of the service of notice of garnishment, or which may afterwards, and before the satisfaction of the judgment, come into his hands or under his control, shall be void as against judgment claimants under this subdivision. [57 v. 120, 7; S. & C. 1174.]

SUBDIVISION III. BY EXAMINATION OF DEBTOR.

25472. Examination of debtor after return of execution. When an execution against the property of a judgment debtor, or one of several debtors in the same judgment, issued to the sheriff of the county where he resides, or if he does not reside in the state, to the sheriff of the county where the judgment was rendered, or a transcript of a justice's judgment has been filed, is returned unsatisfied, in whole or in part, the judgment creditor shall be entitled to an order from a probate judge, or a judge of the court of common pleas, of the county to which the execution was issued, requiring such debtor to appear and answer concerning his property before such judge, or a referree appointed by such judge, at a time and place within the county to be specified in the order. [51 v. 57, ? 459; S. & C. 1089.]

Superior Court of Cincinnati has no jurisdiction, 9 Bull 241. Court has power to order examination of other witnesses than judgment debtor when satisfied on application of party that additional witnesses should be examined, 11 Bull 144; see 1 Clev. R. 26.

25473. Examination of debtor before return of execution. After the issue of an execution against property, and upon proof by the affidavit of the judgment creditor, or otherwise, to the satisfaction of the court of common pleas, or a judge thereof, or a probate judge, of the county in which the debtor is found, that the judgment debtor has property which he unjustly refuses to apply toward the satisfaction of the judgment, such court or judge may, by order, require the judgment debtor to appear at a time and place, in such county, to answer concerning the same; and such proceedings may thereupon be had, for the application of the property of the judgment debtor toward the satisfaction of the judgment, as are prescribed in this subdivision. [51 v. 57, 2 460; S. & C. 1089.]

Demand on debtor not required, 11 O. S. 323.

? 5474. When order of arrest may issue, and proceedings thereon. Instead of the order requiring the attendance of the judgment debtor, as provided in the two preceding sections, the judge may, upon proof, in writing, to his satisfaction, by affidavit of the judgment creditor, or otherwise, that there is danger of the debtor leaving the state, or concealing himself, to avoid the examination herein mentioned, issue a warrant requiring the sheriff to arrest and bring before him the debtor; such warrant can be issued only by a judge of the court of common pleas, or the probate judge, of a county in which the debtor is found, and the sheriff can execute it only within that county; in executing the warrant the sheriff shall deliver to the debtor a copy thereof, and of the testimony on which it issued; the debtor, when brought before the judge, shall be examined on oath, and other witnesses may be examined on either side; if it appear in the examination that there is danger of the debtor leaving the state, or that he has property which he unjustly refuses to apply to the judgment, he may be ordered to enter into an undertaking, with surety, in such sum as the judge may prescribe, that he will attend before the judge or referee for examination, from time to time, as shall be directed; and in default of entering into such undertaking, he may be committed to the jail of the county, by warrant of the judge, as for contempt. [51 v. 57, 2 461; S. & C. 1089.]