commence proceedings to secure his property, and damages for retaining it. If the property came into the hands of the holder wrongfully, the owner may commence an action without making a demand. The plaintiff makes an affidavit setting forth the following facts:

(1.) That he is the owner of the property, or entitled to the possession.

(2.) That the property is wrongfully detained from him. (3.) The alleged cause of the detention.

(4.) That it has not been taken for tax, or seized under execution; or if seized under execution, it is exempt. (5.) The actual value of the property.

Upon this affidavit the plaintiff's attorney makes an indorsement, requiring the sheriff of the county to take the property from the defendant and deliver it to plaintiff. The affidavit, with the indorsement thereon, is delivered to the sheriff. An undertaking is prepared, approved by and deposited with the sheriff.

2. The sheriff, on receiving such papers, takes possession of the property. The defendant may except to the sufficiency of the sureties, or he may reclaim the property by giving to the sheriff an undertaking executed by two or more sureties, in double the value of the property, to deliver the property to the plaintiff if judgment is recovered against the defendant. If no such bond is given at the expiration of three days, the sheriff delivers the property to the plaintiff. If the property is concealed in a building or inclosure, it is the duty of the sheriff to make

property of another, what is the duty of the owner? If the holder refuse to deliver the property to the owner on such demand, what may the owner do? If the property came into the hands of the holder wrongfully, is a demand necessary before the commencement of an action? What are the facts which the plaintiff sets forth in his affidavit? What indorsement does the plaintiff's attorney make upon this affidavit? What is delivered to the sheriff? By whom is the undertaking approved?

2. What action does the sheriff take on receiving these papers? To what may the defendant except? How may he reclaim the property? By how many sureties executed? In what amount? What is the condition of the undertaking? If no such bond be given, what action does the sheriff take? How soon? If the property be concealed in a build.

a public demand; and if the property is not delivered, to break open the building or inclosure, and take possession of the property.

CHAPTER LXXXVI.

INJUNCTIONS.

AN order of injunction is an order restraining the defendant from performing a specific act. The order may be granted

(1.) When the relief demanded in the complaint consists in restraining the performance of some act which would be injurious to the plaintiff.

(2.) When the defendant is doing, or threatening to do, some act in violation of plaintiff's rights.

(3.) Where defendant is about to remove or dispose of his property, with intent to defraud his creditors.

The order of injunction is granted by a judge of the court. The order is granted upon the complaint and affidavits. The order is served personally, by showing to the defendant the original, and delivering to, and leaving with him a copy. A copy of the affidavit must also be served with the injunction. An undertaking is also necessary. If the court deem it proper that defendant should be heard, the court will grant a temporary injunction, with an order to defendant to show cause, on a day specified therein, why the injunction should not be made perpetual.

ing or inclosure, what is the duty of the sheriff? If the property is not delivered, what action may he take?

CH. 86. What is an order of injunction? In what cases may it be granted? By whom is the order granted? Upon what papers is the order granted? How is the order served? What must be served with the or der? Is an undertaking necessary? If the court deem it proper that defendant be heard, what will the court grant? With what order?

CHAPTER LXXXVII.

ATTACHMENT.

1. In some of the States, an attachment may be issued at the commencement of the actions generally, and the property of the defendant attached and held for the payment of the judgment. In New York, under the Code, an order of attachment may be granted, when it shall appear by affidavit

(1.) That defendant is a foreign corporation.

(2.) That defendant is a non-resident.

(3.) That he has departed from the State, with intent to defraud.

(4.) That he conceals himself within the State.

(5.) That he has assigned, disposed of, or secreted his property, with intent to defraud.

The order is granted by a judge of the court in which the action is brought. It is granted upon an affidavit showing that there is sufficient cause. An undertaking is necessary, in case of attachment.

2. The order of attachment is directed to the sheriff, requiring him to attach the property of the defendant in his county. The signature of the judge to the attachment is sufficient, without the signature of the clerk of the court, or the seal of the court. It is the duty of the sheriff, on receiving the order of attachment, to attach all the property of the defendant within his county, or so

1. What is the practice in some of the States, as to issuing attachments? For what causes may an order of attachment be granted in the State of New York? How must these facts appear? By whom is the attachment granted? Upon what? Is an undertaking necessary?

2. To whom is the order of attachment directed? What does it re

quire the sheriff to do? What signature to the order is sufficient? What is the duty of the sheriff on receiving the order of attachment?

much as shall be necessary to satisfy the plaintiff's de mand, with costs and expenses. He must make an inventory of all the property seized by him, or of so much as shall be necessary to satisfy the plaintiff's demand, with costs and expenses. Under the direction of the court, he must collect and receive all debts due to the defendant. When any of the property is perishable, it is his duty to convert such property into money, and retain the money until the termination of the suit. It is not necessary for the sheriff to enter upon the real property. It is only necessary to include the same in his return. When a judgment is obtained, and an execution issued, it is the duty of the sheriff to satisfy the execution out of the property attached by him. He first applies the money in his hands, obtained from the sale of perishable property and the collection of debts. If a balance remains due, he proceeds to sell the other property, and satisfy the execution. He then delivers the balance to the defendant.

CHAPTER LXXXVIII.

TRIAL OF ACTIONS.

1. Ir the defendant does not serve an answer or demurrer to the complaint, a judgment is taken against him without a trial. A trial is only necessary where there is an

Of what must he make an inventory? What collections may he make, under the direction of the court? If any of the property is perishabe, what is his duty? Is it necessary for the sheriff to enter upon the real property? What only is necessary? When a judgment is ob tained, and an execution issued, what is the duty of the sheriff? What does he first apply to the payment of the execution? If a balance remains due, what action does he take? What does he do with the balance?

1. If the defendant does not serve an answer or demurrer to the com. plaint, how is judgment taken? When only is a trial necessary? In a money demand on contract, where the judgment is entered on failure

issue of law, or an issue of fact formed by the pleadings. In a money demand on contract, where the judgment is entered on failure of answer, the judgment-roll consists of the summons, the affidavit of service, the affidavit of no answer or demurrer, the affidavit of disbursements, and the statement for judgment. If the complaint is sworn to, the judgment roll may be entered without further proof. If it is not sworn to, the claim must be proved before the clerk of the court, when the judgment-roll is entered. When the summons is for relief, and there is no answer or demurrer, the plaintiff must generally apply to the court to assess the amount due him. If the action be to recover personal property with damages, or to recover damages for assault and battery, and defendant fail to answer or demur, the court, on application of the plaintiff, will refer the case to a sheriff's jury to assess the damages.

2. When an answer or demurrer has been served, and an issue of law or an issue of fact has been formed, there must be a trial. A trial is a judicial investigation of the issues contained in the action. Issues of law are generally tried by the court; and issues of fact are submitted to a jury. A note of issue is filed with the clerk of the court, and he places the cause on the calendar in the order of the date of the issue. The date of the issue is the date of the service of the last pleading. The note of issue contains the title of the cause, the names of the attorneys, the date issue was joined, and a statement of the issue, whether of law or of fact. When the cause is placed on the calendar, either party may notice it for trial. Both parties generally give notice, each to the other. The plaintiff

to answer, of what does the judgment-roll consist? If the complaint is sworn to, is further proof necessary? If it is not sworn to, before whom must it be proved? When the summons is for relief, and there is no answer or demurrer, to whom must the plaintiff apply to assess the amount due? If the action be for the recovery of personal property with damages, or for assault and battery?

2. When an answer or demurrer has been served, and there is an issue, what must follow? What is a trial? By whom are the issues of law tried? By whom the issues of fact? What is filed with the clerk of the court? In what order does the clerk put the cause on the calen