ment shall show in all cases against which party, and the amount thereof, any counterclaim shall be allowed, if any shall be allowed. [1911 CPA § 239; RL § 5181; NCL § 8737] NRS 31.370 Judgment acquits garnishee for amounts paid. The judgment against a garnishee shall acquit him from all demands by the defendant for all goods, effects and credits paid, delivered or accounted for by the garnishee by force of such judgment. [1911 CPA § 240; RL § 5182; NCL § 8738] NRS 31.380 Discharge of garnishee does not bar action by defendant; exception. If the person summoned as garnishee is discharged for any reason, except the payment by him of the money or property he holds for the benefit of the defendant, the judgment shall be no bar to an action brought against him by the defendant for the same demand. [1911 CPA § 241; RL § 5183; NCL § 8739]—(NRS A 1973, 1188) NRS 31.390 Judgment against garnishee for debt not due; execution deferred until debt due. When the judgment is rendered against any garnishee and it shall appear that the debt from him to the defendant is not yet due, execution shall not issue until the debt shall have become due. [1911 CPA § 242; RL § 5184; NCL § 8740] NRS 31.400 Property in hands of garnishee subject to security interest to be delivered to sheriff on payment or tender by plaintiff. When any personal property, choses in action or effects of the defendant in the hands of a garnishee are subject to a security interest, or in any way liable for the payment of a debt to him, the plaintiff may, under an order of the court for that purpose, pay or tender the amount due to the garnishee, and thereupon the garnishee shall deliver the personal property, choses in action and effects to the sheriff as in other cases. [1911 CPA § 243; RL § 5185; NCL § 8741]—(NRS A 1965, 915) NRS 31.410 Property held by garnishee to secure performance to be delivered to sheriff upon performance or tender by plaintiff. If the personal property or effects are held for any purpose other than to secure the payment of money, and if the contract, condition or other thing to be done or performed is such as can be performed by the plaintiff without damage to the other parties, the court may make an order for the performance thereof by him, and upon such performance, or a tender of performance, the garnishee shall deliver the personal property and effects to the sheriff as in other cases. [1911 CPA § 244; RL § 5186; NCL § 8742] NRS 31.420 Disposal of property received by sheriff; reimbursement of plaintiff. All personal property, choses in action and effects received by the sheriff under either NRS 31.400 or 31.410 shall be disposed of in the same manner as if they had been delivered by the garnishee without condition, except that the plaintiff shall, out of the proceeds thereof, be first repaid the amount paid by him to the garnishee for the redemption of the same, or shall be indemnified for any other act or thing by him done or performed, pursuant to the order of the court for the redemption of the same. [1911 CPA § 245; RL § 5187; NCL § 8743] NRS 31.450 Issuance of writ of garnishment after judgment; procedure; liberal construction. Any person having a judgment remaining unsatisfied in any court of record in the State, upon which execution has been issued and delivered, and which remains in the hands of the proper officer uncollected and unsatisfied, may, without application to the court, have a writ of garnishment issued, and thereupon attach the credits, effects, debts, choses in action and other personal property of the judgment debtor in the possession or under the control of any third person as garnishee, for the security of such judgment, and all rights, remedies and proceedings under this chapter are hereby made specifically available and applicable for the relief and security of such judgment creditor, the same as for a plaintiff in attachment, and the same are also made especially available and applicable for the protection and security of the judgment debtor and the garnishee, the same as for the defendant and garnishee in attachment; and the forms of all affidavits, interrogatories, writs, answers, oaths, orders, trials, judgments and other process and proceedings hereinbefore provided for cases of garnishment before judgment, with appropriate variations, shall apply to cases of garnishment after judgment; and all courts shall be liberal in allowing amendments, and in construing this chapter so as to promote the objects thereof. [1911 CPA § 248; RL § 5190; NCL § 8746]—(NRS A 1973, 1188) NRS 31.460 New trials and appeals. Motions for new trial may be made in the same time and manner and shall be allowed for the same grounds in garnishment proceedings as in other civil trials; and appeals may be taken and prosecuted from any final judgment or order in such proceedings as in other civil cases. [1911 CPA § 249; RL § 5191; NCL § 8747] ARREST AND BAIL NRS 31.470 Arrest in civil cases. No person shall be arrested in a civil action except as prescribed by this chapter. [1911 CPA § 145; RL § 5087; NCL § 8643] NRS 31.480 Cases in which defendant may be arrested. The defendant may be arrested, as hereinafter prescribed, in the following cases: 1. In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the State with intent to defraud his creditors, or when the action is for libel or slander. 2. In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied or converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent or clerk in the course of his employment as such or by any other person in a fiduciary capacity, or for misconduct or neglect in office, or in professional employment, or for a willful violation of duty. 3. In an action to recover the possession of personal property unjustly detained, when the property, or any part thereof, has been concealed, removed, or disposed of so that it cannot be found or taken by the sheriff. 4. When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention or conversion of which the action is brought. 5. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors. [1911 CPA § 146; RL § 5088; NCL § 8644] NRS 31.490 Order for arrest. An order for the arrest of the defendant shall be obtained from a judge of the court in which the action is brought. [1911 CPA § 147; RL § 5089; NCL § 8645] NRS 31.500 Order for arrest made when plaintiff’s affidavit shows a sufficient cause; requisites and filing of affidavit. The order may be made whenever it shall appear to the judge, by the affidavit of the plaintiff or some other person, that a sufficient cause of action exists, and the case is one of those mentioned in NRS 31.480. The affidavit shall be either positive or upon information and belief; and when upon information and belief it shall state the facts upon which the information and belief are founded. If an order of arrest be made, the affidavit shall be filed with the clerk of the court. [1911 CPA § 148; RL § 5090; NCL § 8646] NRS 31.510 Undertaking from plaintiff. Before making the order the judge shall require a written undertaking, payable in lawful money of the United States, on the part of the plaintiff, with sureties, 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 arrest, not exceeding the sum specified in the undertaking, which shall be at least $500. Each of the sureties shall an

Vegas Law