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$ 2406. Facts constitating' fraud must be specifically alleged.
SUPERIOR COURT PROVISIONS. § 2413: Defendant to be discharged on bail or deposit–Superior court.
8.2414. Bail, how given-Superior court. § 2415. Surrender of defendant-Superior court.
§ 2416. Same-Arrest of defendant by bail or sheriff-Superior court. § 2417. Bail, how proceeded against-Superior court. § 2418. Bail, how exonerated Superior court. § 2419. Qualification of bail-Superior court. § 2420. Justification of bail-Superior court. § 2421. Allowance of bail-Superior court. § 2422. Deposit of money with sheriff-Superior court. § 2423. Payment of money into court by sheriff-Superior court. § 2424. Substituting bail for deposit-Superior court. $ 2425. Money deposited, how applied or disposed of-Superior court. § 2426. Sheriff, wl liable as bail, and his discharge from liability§ 2375. Arrest in Civil Action, When not Allowed.
Superior court. § 2427. Proceedings on judgment against sheriff—Superior court. § 2428. Motion to vacate order of arrest or reduce bail-Affidavits on
motion-Superior court. $ 2429. When the order vacated or bail reduced-Superior court. § 2430. Oregon-Arrest in civil action-Opportunity to give bail. § 2431. Oregon—Justification of sureties, when made and on what notice. § 2432. Plaintiff-Undertaking on arrest-Form. § 2433. Washington-Undertaking for arrest-Form. $ 2434. Washington-Arrest and bail-Equivalents--Form. § 2435. Washington-Warrant of arrest—Form. § 2436. Oregon-Writ of arrest-Form. 8 2437. Undertaking by defendant on arrest-Form. § 2438. Arrest—Postponement-Undertaking-Form. $ 2439. Arrest-Affidavit-Fraudulent debtor-Form. § 2440. Oregon-Undertaking for an arrest—Civil-Form. § 2441. Order of arrest by sureties to arresting officer-Form. § 2442. Affidavit-Departing from state to defraud creditors-Form. § 2443. Affidavit that debtor intends to abscond-Form. § 2444. Affidavit that justice is a material witness—Form. § 2445. Notice of application for discharge-Form. § 2446. Affidavit-Removal of property to defraud-Form. § 2447. Affidavit-Conversion-Form. $ 2448. Affidavit-Fine or penalty-Form, § 2449. Order of discharge-Form.
No person can be arrested in a civil action, except as prescribed in the code.
1 Kerr's Cyc. C. C. P., sec. 478; Ex parte Harker, 49 Cal. 465, 466; City of San Pedro v. Southern Pac.
R. Co., 101 Cal. 333, 334, 35 Pac. 993; Ex parte Yonetaro Fkumoto, 120 Cal. 316, 317, 52 Pac. 726.
$ 2376. Oregon-Provisional Remedies as in Courts of Record.
In a civil action in a justice's court the plaintiff is entitled to the benefit of the provisional remedies of arrest, attachment, and delivery of personal property claimed in the action, as in like cases in courts of record. All affidavits, orders, and undertakings for such remedies are to be taken or made and filed with the justice, and such process is to be issued by and made returnable before him. A writ of arrest, of attachment, or an order for the delivery of personal property claimed in the action may be served and executed by any person authorized to serve a summons.
1 Lord's Or. Laws, sec. 2423.
§ 2377. Oregon-Provisions of Code of Civil Procedure Apply
in What Cases. The provisions of the Code of Civil Procedure for proceedings on attachment, arrest, and delivery of personal property shall govern in like cases in justices' courts.
1 Lord's Or. Laws, sec. 2425.
§ 2378. Washington—No Arrest Except as Provided by Statute.
No person shall be arrested or held to bail in any civil action except upon the order of the court where the action is brought, or a judge of the supreme court."
1 Rem. & Bal. Ann. Codes & Stats., sec. 748.
§ 2379. In What Cases Defendant may be Arrested.
An order to arrest the defendant may be indorsed on a summons issued by the justice, and the defendant may be arrested thereon by the sheriff or constable, at the time of serving the summons, and brought before the justice, and there detained until duly discharged, 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;
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 one who received it in a fiduciary capacity;
3. When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought;
4. When the defendant has removed, concealed, or disposed of his property, or is about to do so, with intent to defraud his creditors.
But no female can be arrested in any action.1 1 (Cal.) Kerr's Cyc. C. C. P., sec. (Mont.) Rev. Codes 1907, sec. 7019; 861; (Nev.) Cutting's Comp. Laws, (S. D.) Comp. Laws 1910, sec. 157, sec. 3615; (N. D.) Rev. Codes 1905, p. 348; (Utah) Comp. Laws 1907, sec. sec. 6890; (Or.) B. & C. Codes, sec. 3696; (Wyo.) Comp. Stats. 1910, sec. 260; Lord's Oregon Laws, sec. 259; 4818; (Kan.) Dassler's Gen. Stats. (Wash.) R. & B. Codes, sec. 1790; 1909, sec. 5691; In re Vinich, 86 Cal. (Idaho) Rev. Codes,
70, 71, 26 Pac. 528.
§ 2380. Affidavit for Arrest of Defendant—Form.
John Doe, being duly sworn, deposes and says, that he is the plaintiff in the above-entitled cause; that the above-entitled cause is now pending in said court and is brought by the plaintiff to recover the purchase price of certain property sold to the defendant because of certain false and fraudulent pretenses made by the defendant to the plaintiff.
That affiant further deposes and says that said cause of action and said false and fraudulent pretenses arose as follows, to wit:
(State all the facts fully and never on information and belief in the justice's court.]
§ 2381. What must Appear for an Order of Arrest in an Action
to Recover a Debt. A justice of the peace cannot make an order of arrest in an action to recover a debt, until it is first proved that a cause of action exists upon a contract, either expressed or implied, and, within the terms of the statute, that a cause of fraud does exist. All of the facts constituting the fraud charged must be stated in the affidavit, by way of direct averment, and not upon mere information and belief. The issuing of an order of arrest cannot be made upon general allegations of fraud or allegations made upon belief and information, as these do not constitute proof of the fraud alleged.1
1 In re Vinich, 86 Cal. 70, 71, 72.
$ 2382. Allegations in Affidavit can Never be Made on Informa
tion and Belief. In the superior court some of the facts may be alleged on information and belief, the party being required to state the source and character of his information, and that he believes it to be true. The judge of the superior court may then judge of and determine the sufficiency of the ground of belief. But the legislature has deemed personal liberty too sacred to allow a party to go into an inferior court and get an order of arrest on anything less than proof, and information and belief” is not proof.1
1 See In re Vinich, 86 Cal. 70, 71, 72.
§ 2383. Rule in Superior Court.
A statement of fact made expressly upon information and belief must be accompanied by a statement of facts upon which such information and belief are founded.1
1 Ex parte Yonetaro Fkumoto, 120 Cal. 316, 321, 52 Pac. 726. See Kerr's Cyc. C. C. P., sec. 481.
§ 2384. Affidavit, Failure to State Facts.
An allegation of fraud only, and failing to state the facts constituting the fraud, makes the affidavit defective.1
1 In re Vinich, 86 Cal. 70, 71, 26 Pac. 528. See Kerr's Cyc. C. C. P., sec. 481.
$ 2385. Arrested Defendant must be Taken Before Justice Imme
diately. The defendant immediately upon being arrested must be taken to the office of the justice who made the order, and if he is absent or unable to try the action, or if it appears to him by the affidavit of defendant that he is a material witness in the action, the officer must immediately take the defendant before another justice of the township or city, if there is another, and if not, then before the justice of an adjoining township, who must take jurisdiction of the action, and proceed thereon, as if the summons had been issued and the order of arrest made by him.1
1 (Cal.) Kerr's Cyc. C. C. P., sec. 863; (Nev.) Cutting's Comp. Laws, sec. 3617; (Wash.) R. & B. Codes, sec. 1792; (Idaho) Rev. Codes, sec.
4683; (Mont.) Rev. Codes 1907, sec. 7021; (Utah) Comp. Laws 1907, sec. 3699; (Kan.) Dassler's Gen. Stats. 1909, sec. 5693.
§ 2386. Arresting Officer must Immediately Notify Plaintiff.
The officer making the arrest must immediately give notice thereof to the plaintiff, or his attorney or agent, and indorse on the summons, and subscribe a certificate, stating the time of serving the same, the time of the arrest, and of his giving notice to the plaintiff.1
1 (Cal.) Kerr's Cyc. C. C. P., sec. (Mont.) Rev. Codes 1907, sec. 7022; 864; (Nev.) Cutting's Comp. Laws, (Utah) Comp. Laws 1907, sec. 3700; sec. 3618; (Or.) B. & C. Codes, sec. (Wyo.) Comp. Stats. 1910, sec. 4823; 268; Lord's Oregon Laws, sec. 267; (Kan.) Dassler's Gen. Stats. 1909, sec. (Wash.) R. & B. Codes, sec. 1793; 5694. (Idaho) Rev. Codes, 4684;
§ 2387. Notice to Plaintiff-Form.
Please take notice that I have arrested the defendant in the above-entitled cause, and now have him in my custody in obedience to the order indorsed on the summons in this action.
Justice of the Peace.
§ 2388. Affidavit and Undertaking on Order of Arrest.
Before an order for an arrest can be made, the party applying must prove to the satisfaction of the justice by the affidavit of himself, or some other person, the facts upon which the application is founded. The plaintiff must also execute and deliver to the justice a written undertaking in the sum of three hundred dollars, with sufficient sureties, to the effect that the plaintiff will pay all