§ 25-1033.Attachment; judgment for plaintiff; how satisfied; return of surplus.

Section 25-1032 covers a defendant’s win; section 25-1033 covers the plaintiff’s. When judgment is rendered for the plaintiff, this section lays out exactly how that judgment gets paid. Whatever property remains in the officer’s hands — after accounting for money already collected from selling perishable property — along with personal property, land, and buildings held under legal or equitable title, gets sold to the extent necessary to satisfy the judgment. That sale follows the same restrictions and regulations that would apply if the property had been levied on for an ordinary execution, so the process is not improvised.

The money raised from that sale, combined with whatever amount was recovered from a garnishee under the garnishment sections that precede this one, goes toward satisfying the judgment and the costs of the case. If that combined total is not enough to cover the full judgment, the judgment does not vanish — it stands, and the plaintiff may have execution issued for the remaining balance, handled the same way execution works in any other case.

Finally, the section protects the defendant from losing more than necessary. Any surplus left over from the attached property or its proceeds, once the judgment and costs are fully paid, goes back to the defendant. Attachment and garnishment exist to secure payment of a valid claim, not to strip a defendant of everything the defendant owns.