AET. 9] CONDEMNATION——EXECUTION. 205

any time within a year and a day—to be accounted from the return of
said attachment—appear to the said original action, and make it appear
that the claim of the said plaintiff, or some part thereof, is not due to
the said plaintiff.

Striking out judgments of condemnation.

A judgment of condemnation rendered several terms anterior to the motion
to strike out, will not be disturbed in the absence of clear and convincing
proof of fraud, surprise or irregularity. Sarlouis v. Firemen's, etc.. Co., 45
Md. 235. See also, Abell v. Simon, 49 Md. 318; Sherwood v. Mohler, 14
Md. 564.

If the garnishee fails to appear and plead, and judgment of condemnation
is duly entered, on motion to strike out the judgment, a lack of funds in
the hands of the garnishee will not be inquired into. Sarlouis v. Firemen's
etc., Co.. 45 Md. 243; Lawrence Bank v. Raney, 77 Md. 321. See also. North-
ern Central, etc., Co. v. Rider, 45 Md. 24: Groome v. Lewis, 23 Md. 137; Post
v. Bowen, 35 Md. 232; Anderson v. Graff, 41 Md. 601; Windwart v. Allen.
13 Md. 202.

There is no appeal from an order striking out a judgment of condemnation
during the term at which it was entered. Sloan v. Locust Point Co., 71
Md. 336.

Generally.

Judgment of condemnation nisi of specific property attached becomes
final at the expiration of the term, without further proof. Plaintiff can
only have execution within a year and a day by giving bond. Western
Bank v. Union Bank, 91 Md. 623.

The running of the statute of limitations against execution on the Judg-
ment of condemnation nisi is not suspended during the year and a day.
Johnson r. Foran, 59 Md. 462.

A judgment of condemnation cannot be entered by the clerk without an
order of court. Lee v. Carrollton S. & L. Assn., 58 Md. 304; Carrollton S. &
L. Assn. v. Kerngood, 51 Md. 417.

Where the requirements of the statute hare been complied with the plain-
tiff is entitled to his judgment of condemnation as a matter of right, and
an appeal lies from the refusal of the court to enter such judgment. Dawson
v. Contee, 22 Md. 27.

A judgment of condemnation does not give a right to the specific property
attached, but condemns it and makes it liable to execution and sale. David-
son r. Beatty, 3 H. & McH. 594. See also, Owings v. Norwood, 2 H. & J. 96.

No judgment of condemnation can be entered if the garnishee appears.
What amounts to appearance by attorney? Northern Central Ry. Co. v.
Rider, 45 Md. 31.

This section has no application to the time for appeal. Mears v. Adreon,
31 Md. 236.

This section referred to in construing sections 10 and 35—see notes thereto.
Harris r. Balk, 198 U. S. 215.

1904, art. 9, sec. 13. 1888, art. 9. sec. 13. 1860. art. 10. sec. 14. 1715, ch. 40, sec. 4.

1880, ch. 28.

13. No sheriff or other officer shall levy by way of execution against
the garnishee more than the plaintiff's debt and cost, nor more than
what the said plaintiff shall make appear to be the value of the property
and credits attached in the hands of such garnishee. together with such
costs only as the garnishee shall put the plaintiff to by denying himself
to be indebted to the defendant, and contesting the same; and upon any
judgment of condemnation nisi against any garnishee for want of
appearance or plea, the plaintiff shall be at liberty to proceed and prove
his case in the same manner as in any judgment by default ex parte,