ART. 9] MOTION TO QUASH. 209

to be given to the adverse party or his attorney, the said judge shall
proceed to hear said petition and receive evidence and adjudicate
thereon, in the same manner and to the same extent as he would be
empowered to do while sitting in court at the return day of said writ,
on motion to quash and set aside the same; provided, such petition shall
not prevent the further execution of said attachment until the judge
shall order the same to be quashed.

Matters jurisdictional—when motion to quash will be entertained.

A motion to quash is jurisdictional. and will be entertained at any stage
of the trial. Evesson v. Selby. 32 Md. 347; Bruce v. Cook, 6 G. & J. 346;
Stone v. Magruder. 10 G. & J. 384.

That the proceedings do not substantially comply with the statute, and
hence the lower court had no Jurisdiction, may be raised for the first time
on appeal. Coward v. Dillinger, 56 Md. 61: Mears v. Adreon. 31 Md. 235;
Boarman v. Patterson. 1 Gill, 379. See also. Mayer v. Soyster, 30 Md. 403.

A motion to quash may be made by a garnishee even after confession of
judgment. Cromwell v. Boyal Ins. Co., 49 Md. 379.

Where a garnishee fails to appear and move to quash until two years after
judgment of condemnation entered, his motion comes too late. Post v. Bowen,
35 Md. 235.

Jury trial.

While in a case involving issues of fact, either party has a right to a jury
trial, yet if both parties submit the questions to the court (without a jury)
on motion to quash, the right to a jury trial is waived, and cannot after-
wards be raised. Howard r. Oppenheimer, 25 Md. 365; Cover v. Barnes, 15
Md. 579.

The better practice is, however, to submit such matters to a jury. Stewart
v. Kate, 30 Md. 347.

And even though the garnishee and claimant has elected to try his case
before the court and the evidence has been partly taken, still he has the right
to dismiss his motion to quash and file a plea so as to have the issues of fact
passed on by a Jury. Ferrall v. Farnen. 67 Md. 76.

Res adjudicate.

A motion to quash is jurisdictional. aud a decision thereon, not going t,o
the merits, does not support a motion to quash a second attachment on the
same debt on the ground that the matter is res adjudicata. Johnson v. Stock-
ham, 89 Md. 376.

Appeal.

No appeal lies from an order refusing to quash an attachment upon motion
filed after the return day, but from an order quashing the attachment an
appeal lies. Steuart v. Chappell, 98 Md. 527; Parkhurst v. Citizens' Bank, 61
Md. 259: First National Bank r. Weckler, 52 Md. 39; Mitchell v. Chestnut,
31 Md. 527 : Baldwin r. Wrlght, 3 Gill, 245.

See sec. 22 as to right of appeal from decision on motion to quash; filed
before the return day.

Where a garnishee files a motion to quash, but no reasons in support
thereof, the judgment will not be reversed on his appeal. Robertson v. Beall,
10 Md. 125.

On appeal from a decision on a, motion to quash, the case should be pre-
sented to the court of appeals by bill of exceptions, or agreed statement or
depositions. Dumay v. Sanchez, 71 Md. 512; Maine v. Lynch, 91 Md. 762;
Tyrell v. Hilton, 92 Md. 184.

But a certificate of the presiding judge will be considered if signed, etc.. as
a bill of exceptions is required to be. Palmer r. Rnghes, 84 Md. 659.

Generally.

If the defendant appears and judgment is entered against him in the short-
note case, the judgment will not be arrested on any ground supporting a
motion to quash. Philbin v. Thurn, 103 Md. 351.

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