Sec. 52-387. Scire facias; defense by assignee or claimant.
Sec. 52-387. Scire facias; defense by assignee or claimant. When a scire facias
is brought to recover a debt or effects taken by a foreign attachment, if any person or
persons, either jointly or severally, claim such debt as assignee or assignees thereof, or
such effects as owner or owners thereof, the defendant in such scire facias, having notice
or knowledge of such assignment, ownership or claim, may give notice in writing, signed
by proper authority and duly served, to such claimant or claimants, or his or their attorney, that such scire facias is pending, and that he or they may appear, if they see cause,
and defend against it; which notice, when the claimant or claimants reside out of the
state, shall be given in such time and manner as the court, before which such action is
pending, directs; and thereupon, unless such claimant or claimants, within such time as
such court may direct, give to such defendant sufficient security, to the approval of the
court, to indemnify him against all costs, he may suffer judgment to be given against
him on such scire facias, which shall be a bar to the claim of the assignee or assignees
of the debt, or the owner or owners of the effects, against him for the same. If such
assignee or assignees or owner or owners give such security and make effectual defense
against the scire facias, he or they shall be entitled to the costs recovered against the
plaintiff; but if he or they fail to make an effectual defense, the judgment rendered on
the scire facias against the defendant shall be a bar to any claim against him by them
for such debt or effects. If, after such security has been given, the defendant, on due
notice given him, neglects to appear and disclose on oath, if required, on the trial of
such scire facias, or, if a commission is issued, neglects to make disclosure before the
commissioners, he shall take no benefit by the provisions of this section, nor of such
security.
(1949 Rev., S. 8131.)
Cited. 48 C. 413. Interpleader will not lie for successive garnishments. 94 C. 194. Premature bringing of scire facias;
successive garnishments of same debt. 99 C. 676. Cited. 121 C. 315. Ordinarily garnishees cannot maintain actions of
interpleader as they are protected under provisions of this section. 146 C. 37. See note to section 52-484.
Scire facias proceeding discussed. 1 CA 291.
Cited. 10 CS 345.