An attachment is a writ issued at the commencement of, or during a suit at law in court, commanding the sheriff, or other proper officer, to attach the property of the defendant, to satisfy the demands of the plaintiff. The property of corporations may be attached as well as that of individuals. By this process the plaintiff gains a lien on the attached property, which hen will await the judgment of the court in the suit. In many of the states the defendant may dissolve the attachment by giving a bond, with sureties, that he will pay such judgment as the plaintiff may obtain in the suit.
A Judgment Note.
A suit is ended by the court's giving a final judgment, either for the plaintiff or for the defendant, at the same time fixing the amount in dispute, if judgment is for the plaintiff.
Execution is the act of carrying into effect the final judgment of a court. If property of any kind is sold under execution, the proceeds go to satisfy the judgment and any costs or charges; and then, if there is any surplus, it belongs to the defendant. By the homestead and exemption laws of many states, certain kinds and amounts of property are exempted from attachment and sale on execution. By garnishment or trustee process is meant the attaching of money or goods, due a defendant, in the hands of a third person.
By exemption is meant the right given by law to a debtor to retain a portion of his property free from a sale on execution at the suit of a creditor.