| Show MORN MORE ABOUT THEO THE attachment MEASURE THE discussion that has been provoked by mr marshalls marchalls Mar bill tor for a law la in relation to attachments has attract ed considerable attention subject if we have been properly informed some misstatements misstate menta have been made by the side friendly to the pending measure for the purpose of propping it we will give them the benefit of the doubt and admit that the utterances referred to may be the result of misinformation for instance it has recently been asserted that the law of nevada in relation to attachments is substantially the same as that introduced by mr marshall in other words it his has been claimed that the statement that the nevada statute of 1869 which created great dissatisfaction in that state was never repealed we are enabled to place abi this s matter beyond di dispute I 1 the chapter i in the civil code of nevada eva a in relation to attachments having been repealed february 1887 and the following enacted in its stead sec the plaintiff at the time of issuing the summons or at any time afterwards afterward may have the property of the defendant attached as security for any judgment that maybe may be recovered unless the defendant give security to pay such judgment as hereinafter provided in the following cases first in an action upon contract for the direct payment kaymel it of gf money made or by the terms thereof payable IQ in this state which Is not secured by mortgage lien or pledge upon real or personal property situated or being in this state and if so secured when such security has been rendered nugatory by the act of the defendant second in an aa action against a defendant not residing in the this state third iu ili an action by a resident of this state lor for the recovery of the value of property where such property properly has been converted by a defendant without the consent of the owner fourth where a defendant defend anthas has absconded scon ded or is about to abscond with the intent to defraud his creditors fifth where a defendant conceals himself so that service of summons cannot be made upon him sixth where a defendant is about to remove his property or any part thereof beyond the jurisdiction of the court with the intent to defraud his creditors seventh where a defend defendant aut is about to convert his property or auy any part thereof into money with the intent to place it beyond the reach of his bis creditors eighth where a defendant has as signed I 1 removed disposed of or is about to dispose of his or any part thereof with the intent to defraud hill bis creditors I 1 ninth where a def adana has fraud or criminally contracted a debt or incurred the obligation for walca suit has been commenced SEC 14 the clerk of the court shall issue tae writ of attachment lipon rp re ceiling and mine filing an affidavit by or on behalf of the plaintiff showing the nature of the plaintiffs claim that the same is just the amount which the afflict believes the plaintiff is entitled to recover and the existence of any one of the grounds for attachment enumerated in the preceding section 7 V those who cota ka the foree 0 flu 1 with the present ut utah statute s t e w will I 1 I 1 i fetid I them to be the same perhaps it may De tole 0 and liable to be taken adva advantage a daae ow ais bonat debtors if a 4 statute oe abe be formulated that vigor vigorously upon that rr 09 a greater protection protect ton c it t would be conducive to t the public welfare but IT i sho should be trained framed so as not liot to place people who get into temporary financial difficulty beforce of circumstances but woo are honest at the mere of one or more unscrupulous creditors who might ruin their business it is not sound policy to t legislate simply to catch the dishonestly disposed without TIt hout taking into consideration the probable effect a apropo ed measure may have upon the honest but |
