196

ATTACHMENTS.

[ART. 9

41. Sufficiency of bond. 42. Practice and pleadings. 43. When justices may Issue. Attachments for Unliquidated Damages and Torts. 44. How to be issued. Several Attachments. 45. When plaintiff may have. Costs. 46. Service of writ. Setting up of short note.

Claimants of Property. 47. Claimant of property under attach- ment or execution. Petition and proceedings. 48. Property attached to be discharged from levy and surrendered to claimant upon filing of approved bond. 49. Sufficiency of bond. Attachment Before Maturity of Plaintiff's Claim. 50. Attachment proceedings before ma- turity of the plaintiff's claim.

Attachments Against Non-Resident and Absconding Debtors.

1904. art. 9. sec. 1. 1888. art. 9. see. 1. 1860, art. 10, sec. 1.
1832, ch. 280, sec. 1. 1854, ch. 153, sec. 1.

1. Every person and every body corporate that has the right to
become a plaintiff in any action or proceeding before any judicial
tribunal in this State shall have the right to become a plaintiff in an
attachment against a non-resident of this State, or against a person
absconding.

A non-resident of Maryland may be plaintiff. Hodgson v. Southern Bldg.
Assn., 91 Md. 446.

Though a non-resident corporation at the time it sues out an attachment
in Maryland has not qualified to do business in this State, if it does so
qualify before trial, the attachment can be maintained. Kendrick v. Warren,
110 Md. 71.

The disability of the plaintiff to sue, should be raised by plea in abatement,
and not by motion to quash. Albert v. Freas, 103 Md. 590.

Ibid. sec. 2. 1888, art. 9, sec. 2. 1860, art. 10. sec. 2. 1817, ch. 138.
1832, ch. 280. sec. 1. 1854, ch. 153, sec. 2.

2. Every person who doth not reside in this State, and every person
who absconds, may be made a defendant in an attachment; and any
corporation not chartered by this State, or any corporation chartered by
this State, but not having the president or a majority of the directors
or managers thereof residing in this State, may be made a defendant,
as? other non-residents.

Who is a ''non-resident" ? Blair v. Wlnston, 84 Md. 358; Risewick, v.
Davis. 10 Md. 82: Dorsey. v. Kyle, 30 Md. 518; Dorsey v. Dorsey. 30 Md.
530; McKim v. Odom. 3 Bl. 428.

If the defendant is in fact a non-resident, his being summoned does not
defeat the attachment. Blair v. Winston, 84 Md. 358.

Any non-resident of Maryland may be defendant, but the subject of the
attachment or garnishment must be property or credits for which the defend-
ant in the attachment could have sued the garnishee in this State. Hodgson
v. Southern Bldg. Assn.. 91 Md. 447; Cromwell v. Royal Ins. Co., 49 Md.
373; Myer v. Liverpool, etc., Co., 40 Md. 595. And see Farley v. Colver, 113
Md. 385.