Opinion of court in writing to be filed--effect thereof--costs, howadjudged.
513.395. In case it be found by said court or judge thereof,on an examination of the parties to the writ of fieri facias, oreither of them, or of the written evidence of the parties, oreither of them, taken by the referee aforesaid, that said debtorhas and owns property, real, personal or mixed, which ought to beapplied to the payment, in whole or in part, of said judgment, orother judgment against the party defendant, being a prior lienthereon, said court or judge thereof shall deliver an opinion inwriting so stating, and the costs of the proceedings shall beadjudged accordingly against the defendant; but in case theopinion of the court, or judge thereof, be that such debtor hasno such property so applicable, then the costs shall be adjudgedagainst the plaintiff, and all costs accruing in the case due toclerks, sheriffs or other officers shall be the same as areallowed by law for similar services in suits at law. The opinionof the court, or the judge thereof, shall be filed in the clerk'soffice of such court, and shall have no other or different effectin law, as to title, than as provided herein.
Opinion of court in writing to be filed--effect thereof--costs, howadjudged.
513.395. In case it be found by said court or judge thereof,on an examination of the parties to the writ of fieri facias, oreither of them, or of the written evidence of the parties, oreither of them, taken by the referee aforesaid, that said debtorhas and owns property, real, personal or mixed, which ought to beapplied to the payment, in whole or in part, of said judgment, orother judgment against the party defendant, being a prior lienthereon, said court or judge thereof shall deliver an opinion inwriting so stating, and the costs of the proceedings shall beadjudged accordingly against the defendant; but in case theopinion of the court, or judge thereof, be that such debtor hasno such property so applicable, then the costs shall be adjudgedagainst the plaintiff, and all costs accruing in the case due toclerks, sheriffs or other officers shall be the same as areallowed by law for similar services in suits at law. The opinionof the court, or the judge thereof, shall be filed in the clerk'soffice of such court, and shall have no other or different effectin law, as to title, than as provided herein.
Opinion of court in writing to be filed--effect thereof--costs, howadjudged.
513.395. In case it be found by said court or judge thereof,on an examination of the parties to the writ of fieri facias, oreither of them, or of the written evidence of the parties, oreither of them, taken by the referee aforesaid, that said debtorhas and owns property, real, personal or mixed, which ought to beapplied to the payment, in whole or in part, of said judgment, orother judgment against the party defendant, being a prior lienthereon, said court or judge thereof shall deliver an opinion inwriting so stating, and the costs of the proceedings shall beadjudged accordingly against the defendant; but in case theopinion of the court, or judge thereof, be that such debtor hasno such property so applicable, then the costs shall be adjudgedagainst the plaintiff, and all costs accruing in the case due toclerks, sheriffs or other officers shall be the same as areallowed by law for similar services in suits at law. The opinionof the court, or the judge thereof, shall be filed in the clerk'soffice of such court, and shall have no other or different effectin law, as to title, than as provided herein.
