Oklahoma § 12-1189 - Justification of sureties - Garnishees discharged

§ 12-1189. Justification of sureties - Garnishees discharged

When the plaintiff excepts, the sureties shall appear for

justification before the judge of the district court or the county

judge of the county in which the action is brought, at a time and

place to be mentioned in the notice given by the plaintiff, and may

be examined on oath on the part of the plaintiff touching their

sufficiency, in such manner as the judge in his discretion may think

proper. The examination shall be reduced to writing and subscribed

by the sureties, if required by the plaintiff. If the judge find

the sureties sufficient he shall annex the examination to the

undertaking, endorse his allowance thereon, and cause them to be

filed with the clerk of the district court. Thereafter all the

garnishees shall be discharged, and the garnishment proceedings

shall be deemed discontinued, and any money or property paid or

delivered to any officer shall be surrendered to the person entitled

thereto, and the costs shall be taxable as disbursements of the

plaintiff in the action if he recovers. The judge may in his

discretion require the costs of the justification before him,

including fees to the sureties as witnesses, to be forthwith paid by

the party requiring justification.

R.L. 1910, § 4839.