210 ATTACHMENTS. [ART. 9

If the attachment is quashed, the whole proceeding (Including the short
note case where the defendant is not summoned and does not appear), fails.
Handle v. Melleu. 67 Md. 188.

Where a judgment of condemnation nisi has been entered before the defend-
ant appears, he should move to strike out the judgment before moving to
quash. Roarman v. Patterson, 1 Gill, 379.

A defendant may appear in the attachment case for the purpose of moving
to strike out the judgment of condemnation and to quash the execution
thereon, without thereby being in the jurisdiction of the court so as to lay
himself open to a personal judgment in an action of assumpsit brought at the
same time as the attachment. Potomac, etc., Co. v. Clyde, 51 Md. 179.

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

At the hearing of a motion to quash, the plaintiff opens and closes. John-
son v. Stockham. 89 Md. 379.

1904. art. 9, sec. 21. 1900, ch. 139, sec. 49.

21. In all cases where a motion to quash an attachment is made,
and testimony is required to be taken in support of or against such
motion, any party in interest shall have the right to have such testimony
taken orally, in open court.

Ibid. sec. 22. 1888. art. 9. sec. 21. 1860. art. 10, sec. 22. 1852, ch. 155, sec. 2.

22. Either party shall be at liberty to appeal from the decision of
the judge on said petition within two months thereafter.

Ibid. sec. 23. 1888. art. 9, sec. 22. 1860, art. 10. sec.23. 1852, ch. 155. sec. 2.

23. If the judge shall quash said attachment, and the plaintiff shall
appeal and give bond in such penalty and with such security as said
judge may approve, conditioned to prosecute said appeal with effect, or
in default thereof to pay such costs and damages as the absent defend-
ant or other persons interested in said property or credits may incur,
or suffer by reason of such attachment and appeal, the attachment shall
remain in force as if no such petition had been filed.
See notes to sec. 39.

Ibid. sec. 24. 1888, art. 9, sec. 23. 1860, art. 10. sec. 24.
1S52, ch. 155, sec. 2.

24. The party appealing under the preceding section shall have ten
days from the date of the judgment quashing any such writ of attach-
ment, within which he may file his appeal bond, and the writ of attach-
ment shall remain in force during that time.

Attachments After Two Non Ests.

Ibid. sec. 25. 1888. art. 9, sec. 24. 1860. art. 10, sec. 25. 1715, ch. 40, sec. 2.

25. When two summonses have been returned non, est against the
defendant in any of the courts of law of this State, the plaintiff, upon
proof of his claim as hereinbefore required, shall be entitled to an
attachment, and the judge of the court where such action is pending
shall order such attachment to issue, and the same proceedings shall be
thereupon had as in attachments issued against absconding debtors.