lished, and that the said property and its proceeds be applied to the satisfaction of his said judgment, and for such other relief as to the court may seem just.

§ 714. Order of hearing on said petition.

Form No. 228.

[TITLE OF ORIGINAL ACTION.]

Petitioner.

Upon reading and filing the petition of E. F., praying that [here state prayer of the petition]; on motion of G. H., Esq., attorney for said petitioner:

It is ordered that the said petition be heard before this court at . . ., the . . . day of . . ., 19.., at . . . o'clock . . . M. on that day, or as soon thereafter as counsel can be heard, and that said plaintiff A. B. and the said sheriff of . . . . county [if other parties are adversely interested name them] show cause at the said time and place why the said petition should not be granted, and that a copy of this order and the said petition be served on each of the said parties at least . . . days before the time of said hearing, and until the further order of this court. that all proceedings upon the said writ of attachment be stayed. Dated, 19 ..

§ 715. Order vacating attachment.

Form No. 229.

[TITLE OF ORIGINAL ACTION.]

Judge.

The petition of E. F. in the above-entitled matter having come on to be heard, upon reading the same and the affidavit of L. M. in support thereof, and the affidavit of O. P. in opposition thereto, and upon the record and proceedings in said action, and after hearing counsel in support of and in opposition to said motion, and being fully advised in the premises,

It appearing that the writ of attachment heretofore issued in this action was and is insufficient and defective for the following reasons [here state the facts showing the writ to be insufficient or void],

On motion of G. H., attorney for the petitioner,

It is ordered that the prayer of said petition be and it is hereby granted, and that the said writ of attachment and the levy made by virtue thereof be and the same are hereby set aside and vacated, and that the said sheriff of . . . county apply the property so

attached [or, the proceeds of the sale of said property so attached] to the satisfaction of the judgment of the petitioner in the action brought by said petitioner against said defendant C. D., in which judgment was rendered in favor of said petitioner upon the... day of..., 19. ., after deducting the legal costs, fees, and charges of said sheriff as allowed by law. Dated.... 19. .

§ 716. Order awarding issues on said petition.

Form No. 230.

[TITLE OF ORIGINAL ACTION.]

, Judge.

The petition of E. F. in the above-entitled matter having come on to be heard, upon reading the same and the affidavit of L. M. in support thereof, and the affidavit of O. P. in opposition thereto, and upon the record and proceedings in said action, and after hearing counsel in support of and in opposition to said motion, and being fully advised in the premises;

It appearing that certain issues have arisen by the allegations of said petition proper for trial by a jury, upon motion of G. H., attorney for the said petitioner;

It is ordered that the said petitioner be made a party defendant herein for the purpose of seeking the relief prayed for by said petition, and that the following issues arising between the said petitioner and the said plaintiff [and name any other adverse party] be and are hereby awarded:

1st. [Here state issues to be tried, as, for instance:] Was this action and the writ of attachment therein fraudulent and void as against the petitioner as a creditor of said defendant?

2d. [Briefly state any other issues to be tried.]

It is further ordered that the said issues be set for trial by jury on the . . . day of . day of..., 19..

E. F., being duly sworn, says that he was served with a garnishee summons in the above-entitled action on the . . . day of

19. ., and that he was then, and is now, in no manner and

upon no account whatever indebted or under liability to the defendant C. D., and that he had then, and now has, in his possession and under his control no real estate and no personal property, effects, or credits of any description whatever belonging to said defendant or in which he has any interest, except it be as hereinafter alleged, and that he is in no manner liable as garnishee in this action, unless it be upon the facts and circumstances hereinafter stated, upon which he respectfully submits the question to the court, to-wit:

The affiant admits that he is indebted in the sum of dollars upon [here state the nature of the indebtedness], and the defendant makes claim that the said sum is due to him from the affiant, and that one [name the claimant], who resides at [give residence], also makes claim that the said sum is due from this affiant unto him.

Affiant further states that he has in his possession and under his control the following described personal property: [insert description]; and that the defendant, C. D., and one [name claimant], who resides at [give residence], each makes claim to said property.

That the affiant is not in collusion with either, and is unable to determine which of said claimants is entitled to said property, and makes this affidavit as an answer to said garnishment, and also for the purpose of a motion that said [name claimant] be interpleaded as a defendant in this garnishee action, and that affiant may pay said sum and deliver said property into court, and have a receipt therefor, and be thereby discharged from all liability to any of the parties for the same. [JURAT.]

E. F.

I. That before the making of the claim hereinafter mentioned. one M. N. deposited with the plaintiff [describe the property] for [safe-keeping].

II. That the defendant W. X. claims the same [under an alleged assignment thereof to him from the said M. N.J.

III. That the defendant Y. Z. also claims the same [under an order of the said M. N. transferring the same to him].

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IV. That the plaintiff is ignorant of the respective rights of the defendants.

V. That he has no claim upon the said property, and is ready and willing to deliver it to such persons as the court shall direct. VI. That this action is not brought by collusion with either of the defendants.

Wherefore, the plaintiff demands judgment: 1. That the defendants be restrained, by injunction, from taking any proceedings against the plaintiff in relation thereto; 2. That they be required to interplead together concerning their claims to the said property; 3. [That some person be authorized to receive the said property pending such litigation]; 4. That upon delivering the same to such [person], the plaintiff be discharged from all liability to either of the defendants in relation thereto; and 5. That the plaintiff's costs be paid out of the same.

§ 719. Affidavit by defendant for interpleader of third person in action of replevin.

I. That he is the defendant in the above-entitled action. II. That the same is brought to recover from the defendant the following described personal property, to-wit, [describe same]. III. That the summons and the complaint herein were served on the... day of . ., 19.., and the time for answering has not yet expired, and the defendant has not yet answered the same.

IV. That one [name claimant], who is not a party to this. action, makes a demand against the defendant for the whole of the same property, the possession of which this action is brought to recover.

V. That the said demand is made without collusion with the defendant, and [here allege any facts as to possession, showing that the defendants are not liable for any damages for detention, or otherwise, according to facts of case].

VI. That the defendant does not know the rights of the respective claimants, nor to whom said property should be delivered.

Defendant therefore prays the court to substitute said [claimant] as defendant herein, and to discharge this defendant from

all liability to either party so claiming, upon his delivering the said property, or its value, to such persons as the court may order, which he hereby offers to do.

[JURAT.]

C. D.

§ 720. The same, where the third party claims a part only of the property.

[TITLE.]

[VENUE.]

Form No. 234.

C. D., being duly sworn, says:

I. That he is the defendant in the above-entitled action. II. That the same is brought to recover from the defendant the following-described personal property, to-wit, [describe same]. III. That the complaint herein was served on the . . . day of . ., 19. ., and the time for answering has not yet expired, and the defendant has not yet answered the same.

IV. That a part of said property, to-wit, [here describe the part], is claimed by one [name claimant], who has notified the defendant that he owns and is entitled to the possession of such part, and demands the same of this defendant [as will more fully appear by the written notice and demand of which a true copy is hereto annexed].

V. That the defendant is ignorant of the rights and merits of the respective claims of said plaintiff and said [claimant], and that a complete determination of the questions in controversy cannot be had without the presence of said [claimant] as a party to this action, [and that, as to the property so claimed by said claimant, this defendant makes no claim].

VI. That all said property has been taken from the possession of this defendant by the sheriff of... county, upon the requisition of the plaintiff in this action.

Wherefore, etc.

[JURAT.]

§ 721. Order of interpleader.

[TITLE.]

Form No. 235.

C. D.

This action having regularly come on for trial on the ... day of..., 19. ., before the court, E. F. appearing for the plaintiff, and G. H. for the defendant, and it appearing to the court