Garnishment.—Any creditor is entitled to proceed by garnishment in the district court of the proper county against any person, excepting a municipal corporation, who is indebted to or has any property, real or personal, in his possession or under his control belonging to such creditor's debtor. Either at the time of the issuing of the summons, or at any time thereafter before final judgment in any action to recover damages founded upon contract, express or implied, or upon judgment or decree, or at any time after the issuing in any case of an execution against property and before the time when it is returnable, the plaintiff, or some person in his behalf, may file with the clerk an affidavit stating the amount of the plaintiff's claim against the defendant or defendants over and above all offsets, and stating that he verily believes that some person (naming him) is indebted to or has property, real or personal, in his possession or under his control belonging to the defendant (or either or any of the defendants) in the action or execution, that such defendant has no property liable to execution sufficient to satisfy the plaintiff's demand, and that the indebtedness or property mentioned in such affidavit is to the best of the knowledge and belief of the person making such affidavit not by law exempt from seizure or sale upon execution. Any number of garnishees may be embraced in the same affidavit and summons; but if a joint liability be claimed against any it must be so stated in such affidavit, and the garnishee named as jointly liable is deemed jointly proceeded against, otherwise the several garnishees are deemed severally proceeded against.

The order of garnishment is not issued by the clerk until an undertaking on the part of the plaintiff has been executed by one or more sufficient sureties, approved by the clerk and filed in his office, in a sum not exceeding double the amount of the plaintiff's claim, to the effect that the plaintiff will pay to the defendant all damages which he may sustain by reason of such garnishment, if the order be wrongfully obtained; but no undertaking is required where the party or parties defendant are all non-residents of the state or a foreign corporation. Upon the filing of such affidavit a garnishee summons is issued by the clerk and served upon the defendant or his attorney of record, and each of the garnishees, in the manner provided for the service of summons, and is returned with proof of service in five days. The garnishee summons may be served by the sheriff, or any other person not a party to the action. If any garnishee, having been duly summoned, fails to file an affidavit of non-liability or otherwise answer to the summons, the court may render judgment against him for the amount of the judgment which the plaintiff recovers against the defendant in the action for damages and costs, together with the costs of such garnishee.