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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 222   View pdf image (33K)
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222 ATTACHMENTS. [ART. 9

petitioner to give additional security, notice of which application shall
be given to the petitioner not less than five days before the same is
made; and' the said judge, if satisfied from evidence of the insufficiency
of the bond, may order or require the petitioner to give an additional
bond within such time as he shall deem proper; and in case of refusal
to comply with such order, judgment may be entered against such peti-
tioner to the amount of the real value of the property levied upon, upon
which execution may issue as provided' by law; and said plaintiff may
have an execution against the, defendant in the original attachment;
provided, that but one satisfaction of the debt or demand shall be made;
and it shall be in the discretion of the court in all such cases to dispose
of the matter of costs.

This section indicates clearly that the bond required by the preceding sec-
tion is for the plaintiff's protection. Turner v. Lytle, 59 Md. 207.

Attachment Before Maturity of Plaintiff's Claim.

1904. art. 9. sec. 50. 1SSS. art. 9. sec. 48. 1894. ch. 648.
50. Although the debt or obligation upon which the action is brought
may not have matured, the creditor may, nevertheless, proceed by
attachment, as heretofore provided, in the following cases: (1) When
the debtor absconds; (2) when he has assigned, disposed of or con-
cealed or is about to assign, dispose of or conceal his property or some
part thereof, with intent to defraud his creditors; (3) when he is about
to abscond from this State; (4) when he has fraudulently contracted
the debt or incurred the obligation respecting which the action is
brought; or (5) when he has removed or is about to remove his prop-
erty, or some portion thereof, out of this State, with intent to defraud
his creditors. The date of the maturity of the debt or obligation shall
be set forth in the affidavit upon which the attachment is to issue, and
the plaintiff shall not be entitled to judgment either in the short note
or in the attachment case until after the maturity of the debt or obliga-
tion.

For an attachment before the maturity of notes, see Johnson v. Stockham,
89 Md. 374.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 222   View pdf image (33K)
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