232 .ATTACHMENTS. [ART. 0

Amendments.

1904. art. 9. sec. 2S. 1888, art. 9. sec. 27. 1860, art 10. sec. 28. 1845, ch. 54.
1S46, ch. 324-328. 1888, ch. 507. 1898, ch. 44.

28. The affidavit, short note, declaration, voucher, pleadings, inter-
rogatories, claim of property and all other papers in attachment pro-
ceedings may be amended in the same manner and to the same extent
as the proceedings in any other suits or actions at law, so that all attach-
ment cases may tried on their real merits and the purposes of justice
subserved; nor shall any attachment proceedings be quashed or set
aside for any defect in mere matter of form.

The voucher may be amended; no appeal from an order of court allowing
such amendment. Booth v. Calahan, 97 Md. 317; Kendrick v. Warren. 110
Md. 74.

Prior to the act of 1888, ch. 44, the affidavit could not be amended in any
substantial particular. Blair v. Winston, 84 Md. 361; Halley v. Jackson, 48
Md. 260.

The sheriffs return may be amended. O'Connell v. Ackerman, 62 Md. 341;
Maine v. Lynch, 54 Md. 668.

The declaration in the short note case may be amended. De Bebian v.
Gola. 64 Md. 266. See also. Neptune, etc...Co. v. Montell, 8 Gill, 228.
See notes to sec. 19.
As to amendments in actions at law, see also art. 75, sec. 35, et seq.

Attachments on Judgments and Decrees.

Ibid. see. 29. 1888, art. 9, sec. 28. I860, art. 10, sec. 30. 1715, ch. 40, secs. 3-7.
1831, ch. 321, sec. 4. 1834. ch. 189. 1853, ch. 375. 1888, ch. 507.

29. Any praintiff having a judgment or decree in any court of law
or equity in this State may, instead of any other execution, issue an
attachment against the lands, tenements, goods, chattels and credits of
the defendant in the plaintiff's own hands, or in the hands of any other
person, which attachment shall contain the clause of scire facias required
in an attachment against a non-resident or absconding debtor. When-
ever such attachment shall be issued upon a decree of a court of
equity, such court shall have authority and jurisdiction to hear and
determine any question that may arise upon such attachment as fully
as the same could be heard and determined by any court of law, subject
to the right of appeal to the court of appeals as in other cases; but if
any party to such attachment shall pray a jury trial at any time before
such attachment case shall be determined by said court of equity, such
attachment proceedings shall be transmitted to a court of law, to be
tried as in cases of attachment on judgment.

Omission of scire facias.

The omission of the clause of scire facias is fatal to the attachment if
raised at the proper time, but it cannot be inquired into collaterally. Manton
v. Hoyt, 43 Md. 264; Johnson v. Lemmon, 37 Md. 343.

The point of the omission of the scire facias can be made only at the term
at which the judgment of condemnation was entered. Anderson v GrafF, 41
Md. 606.

Generally.

The judgment should be described in the writ of attachment as having
been entered during the term in which the motion for new trial was disposed
of. and not when the verdict was entered. First National Bank v Weckler
52 Md. 38.