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person, that sufficient grounds exist therefor. A copy of the affidavit must be served with the injunction.
Amended Code, § 220.
§ 717. An injunction can not be allowed, after the defendant has answered, unless upon notice, or upon an order to show cause; but in such case, the defendant may be restrained, until the decision of the court or judge, granting or refusing the injunction.
Amended Code, § 221.
§ 718. Where no provision is made by special statute, as to security upon an injunction, the court or judge must require a written undertaking, on the part of the plaintiff, with or without sureties, to the effect that the plaintiff will pay to the party enjoined, such damages, not exceeding an amount to be specified, as he may sustain by reason of the injunction, if the court, finally decide that the plaintiff was not entitled thereto. The damages may be ascertained by a reference, or otherwise, as the court may direct.
Amended Code, § 222.
§ 719. If the court or judge deem it proper that the defendant, or any of, several defendants, should be heard before granting the injunction, an order may be made requiring cause to be shown, at a specified time and place, why the injunction should not be granted; and the defendant may in the mean time be restrained.
Amended Code, § 223.
720. An injunction to suspend the general and ordinary business of a corpcration must not be granted except by the court. Nor must it be granted, without due notice of the application therefor, to the proper officers of the corporation, except where the people of this state are a party to the proceeding, and except in proceedings to enforce the liability of stockholders in corporations and associations for banking purposes, after the first day of January, one thousand eight hundred and fifty, as such proceedings are or shall be provided by law, unless the plaintiff give a written undertaking, executed by two sufficient sureties, to be approved by the court, to the effect that the plaintiff will pay all damages not exceeding the sum to be mentioned in the undertaking, which such corporation may sustain, by reason of the injunction, if the court finally decide that the plaintiff was not entitled thereto. The damages may be ascertained by a reference, or otherwise, as the court directs.
Amended Code, § 224.
§ 721. If the injunction be granted by a judge without notice, the defendant, at any time before the trial, may apply, upon notice, to any judge of the court in which the action is brought, to vacate or modify the same. The application may be made upon the complaint and the affidavits on which the injunction was granted, or upon affidavits on the part of the defendant, with or without the answer.
Amended Code, § 225.
§ 722. If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintifi may oppose the same by affidavits or other evidence, in addition to those on which the injunction was granted.
Amended Code, § 226.
SECTION. 723. Property of foreign corporations and of non-resident or absconding or concealed defendants may be attached.
724. Order for attachment by whom granted.
725. In what cases order may be granted.
726. Security in obtaining order.
727. Order, to whom directed, and what to require.
728. Interest in corporations or associations, liable to attachment.
729. Mode of proceeding in executing order.
730. Certificate of defendant's interest to be furnished by corporation.
731. Proceeding in case of perishable property.
732. Property claimed by a third person to be delivered upon security.
733. Defence in action on the security.
734. Sheriff may summon jury to try claim.
735. Defendant or claimant may be required to give information.
736. Disposition of property after julgment.
737. Action to recover debts attached may be prosecuted by plaintiff.
738. Securities to be delivered to defendant in case of recovery by him.
739. Property may be released upon security.
740. What security sufficient.
741. Attachment may be vacated on motion.
§ 723. In an action for the recovery of money against a corporation, created by or under the laws of any other
state gevernment or country, or against a defendant who is not a resident of this state, or against a defendant who has absconded or concealed himself as hereinafter mentioned, the plaintiff, at the time of issuing the summons, or at any time afterwards, may have the property of such defendant attached, in the manner hereinafter prescribed, as a security for the satisfaction of such judgment as the plaintiff may recover.
Amended Code, § 227.
§ 724. An order for the attachment must be obtained from a judge of the court in which the action is brought, or if the action be in the supreme court, from a county judge.
Amended Code, § 228, substituting an order for a warrant of attachment, as more in conformity with the three previous chapters.
§ 725. The order may be made whenever it appears by affidavit, that a cause of action exists against such defendant, specifying the amount of the claim, and the grounds thereof, and that the defendant is either a foreign corporation, or not a resident of this state, or has departed therefrom with intent to defraud his creditors or to avoid the service of a summons, or keeps himself concealed therein with the like intent.
Amended Code, § 229.
§ 726. Before making the order, the judge must require a written undertaking on the part of the plaintiff, with sufficient surety, to the effect, that if the defendant recover judgment, the plaintiff will pay all costs.
and charges that may be awarded to the defendant, and all damages which he may sustain, by reason of the attachment, not exceeding the sum specified in the undertaking, which must be at least two hundred and fifty dollars.
Amended Code, § 230.
§727. The order must be directed to the sheriff of any county in which property of such defendant may be, and require him to attach and safely keep all the property of such defendant within his county not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, the amount of which must be stated, in conformity with the complaint. Several orders may be issued at the same time to the sheriffs of different counties.
Amended Code, § 231.
§ 728. The rights or shares which the defendant may have in the stock of any corporation, together with the interest and profits thereon, and all other property in this state of such defendant, may be attached and sold to satisfy the judgment and execution.
Amended Code, § 234.
§ 729. The sheriff, to whom the order is directed and delivered, must execute the same without delay, as follows: