Attachments.The plaintiff in a civil action for the recovery of money or in a suit for alimony may, at or after the commencement thereof, have an attachment against the property of the defendant: 1stWhen the defendant or one of several defendants is a foreign corporation, or a non-resident of this state but no order of attachment shall be issued for any claim other than a debt or demand arising upon contract, judgment or decree, unless the cause of action arose wholly within the limits of this state, which fact must be established on the trial. 2ndWhen the defendant or one of several defendants has absconded with intention to defraud his creditors. 3dWhen the defendant has left the county of his residence to avoid process. 4thWhen he conceals himself for that purpose. 5thWhen he is about to remove his property or a part thereof out of the jurisdiction of the court to defraud creditors. 6thWhen he is about to convert his property or a part thereof into money for that purpose. 7thWhen he has property or rights in action which he conceals. 8thIn case he has assigned, removed or disposed of, or is about to dispose of, his property or a part thereof to defraud creditors. 9thIn case he fraudulently contracted the debt or incurred the liability or obligation for which the suit is about to be or has been brought. 10thWhere the damages for which the action is brought are for injuries arising from the commission of some felony or misdemeanor or the seduction of any female. 11thWhen the debtor has failed to pay the price or value of any article or thing delivered, which by contract he was bound to pay upon delivery.
The order of attachment shall not be issued by the clerk until an undertaking on the part of the plaintiff has been executed by one or more sufficient sureties, approved by the clerk and filed in his office, in a sum not exceeding double the amount of the plaintiff's claim, to the effect that the plaintiff shall pay to the defendant all damages which he may sustain by reason of the attachment, if the order be wrongfully obtained but no undertaking shall be required where the party or parties defendant are all non-residents of the state or a foreign corporation.
An order of attachment shall be issued by the clerk of the court in which the action is brought in any case mentioned when there is filed in his office an affidavit of the plaintiff, his agent or attorney, showing: 1stThe value of the plaintiff's claim. 2ndThat it is just. 3dThe amount which the affiant believes the plaintiff ought to recover. 4thThe existence of some one of the grounds enumerated.
If the defendant or other person on his behalf, at any time before judgment, cause an undertaking to be executed to the plaintiff by one or more sureties resident in the county, to be approved by the court, in double the amount of the plaintiff's claim as stated in his affidavit, to the effect that the defendant shall perform the judgment of the court, the attachment in such action shall be discharged and restitution made of any property taken under it or the proceeds thereof. Such undertaking shall also discharge the liability of a garnishee in such action for any property of the defendant in his hands.Pages 116-117 from volume I of Kansas: a cyclopedia of state history, embracing events, institutions, industries, counties, cities, towns, prominent persons, etc. ... / with a supplementary volume devoted to selected personal history and reminiscence. Standard Pub. Co. Chicago : 1912. 3 v. in 4. : front., ill., ports.; 28 cm. Vols. I-II edited by Frank W. Blackmar. Transcribed May 2002 by Carolyn Ward.
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