218 ATTACHMENTS. [ART. 9

In an attachment against one partner as an absconding debtor, the other
partner being summoned, the assets of the firm can not be condemned on a
partnership debt. Johnston v. Matthews, 32 Md. 368.

Where an attachment on original process is sued out against a partnership
and levied on partnership property, and one of the partners absconds so that
the writ can not be served on him, the remaining partner represents the
firm and the attachment is valid. Thomas v. Brown. 67 Md. 519.

Where an attachment is levied against partnership property on a debt
alleged to be due by the firm, but the judgment of condemnation is entered
against one partner onlv, the attachment will be quashed. Boyd v. Wolf, 88
Md. 342.

As to joint obligations and tenancies, see art. 50.

1904, art. 91. sec. 41. 1888, art. 9. sec. 40. 1860, ch. 306, sec. 6. 1888, ch. 507-

41. In case the defendant, or any other person interested in the
proceedings, is not satisfied with the sufficiency of the surety or sureties,
or any one of them, or with the amount specified in the bond aforesaid,,
he may, at any time before judgment, apply to the judge of the court
in which the said bond is filed, for an order requiring the plaintiff
to give additional security, notice of which application shall be
given to the plaintiff not less than four days before the same is made;
and the said judge, if satisfied from evidence of the insufficiency of the
said bond, may order or require the plaintiff to give an additional bond,
with security to be approved of by the court, in such sum and within
such time as he may deem proper; and in case the plaintiff shall fail
to comply with such order, the said writ of attachment shall be quashed,.
and the property attached, or its proceeds, if the same shall have been
sold by order of the court, shall be returned to the defendant or be
otherwise disposed of, as shall be ordered by the court.
See notes to sec. 39.

Ibid. 9. sec. 42. 1SS8. art. 9, sec. 41. 1864, ch. 306, sec. 7.

42. The practice and pleadings under the writ of attachment issued
in compliance with sections 36-41 of this article shall, in all other
respects not therein provided for, conform, as near as may be, to the
practice and proceedings under writs of attachment against non-resident
and absconding debtors.

Ibid. see. 43. 1888. art. 9. sec. 42. 1868. ch. 447.

43. Every justice of the peace may issue an attachment in any of
the cases mentioned in section 36 of this article, where the sum claimed
shall not exceed one hundred dollars, upon the party applying for the
same making before the justice the affidavit, and exhibiting the proofs
and vouchers necessary to authorize an attachment to be issued from
the circuit court in such cases, and giving bond, with security to be
approved by said justice, in double the sum alleged to be due, and condi-
tioned as is provided in section 39 of said article, except such changes
of language as may be necessary to make the same applicable to a pro-
ceeding before a justice of the peace; and such attachment shall be
returnable before the justice who issued it, on a day certain to be named
therein, not less than twenty nor more than thirty days from the date