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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 147   View pdf image (33K)
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ART. 9] ATTACHMENTS. 147

ARTICLE IX.

ATTACHMENTS.
4.

The first note under the heading "Generally" on page 197 of volume 1 of
the Annotated Code is affirmed in Tonn v. Linders, 116 Md. 56.

10.

It is not necessary in all cases that there be an actual seizure of the
property attached, since where it cannot be seized and taken from the
garnishee, the plaintiff has the right to interrogate the garnishee and thus
get a sufficient description of the property into the record. Object of the
seizure and schedule. De Beam v. De Beam, 119 Md. 425.

Certain registered bonds of a foreign corporation held to be property
within the meaning of this section and, under the facts of the case, attach-
able. De Beam v. Prince de Beam, 115 Md. 676. Aud see De Beam v.
Winans, 119 Md. 394; De Beam v. De Beam, 119 Md. 421; U. S. Express
Co. v. Hurlock, 120 Md. 113.

11.

It is always proper where a party is found in possession of lands or
chattels that are attached, that he should be returned as garnishee. The
judgment of condemnation, however, in such case is not against the gar-
nishee but of the particular lands or chattels attached, and a fieri facias
goes to the sheriff commanding him to sell the property. De Beam v.
De Beam, 119 Md. 426.

In view of this section and section 29, and of article 75, section 172,
service upon an employee of a firm which is intended to be made gar-
nishees, is ineffective. Wilmer v. Epstein, 116 Md. 144.

13.

Under this section and section 15, the garnishee cannot be required to
answer interrogatories under oath. Question as to whether the answers
to interrogatories signed only by the attorney for the garnishee are suffi-
cient, not passed on. The court may (in view of section 28) permit the
garnishee to sign and file answers to interrogatories after the time allowed
by this section, when, within such time, answers have been filed signed for
him by his attorney. Interrogatories held to have been fully answered.
Wilmer v. Mann, 121 Md. 243.

To the first note to section 13 on page 206 of volume 1 of the Annotated
Code, add the case of De Beam v. De Beam, 119 Md. 422.

15.

See notes to section 13.

18.

Certain registered bonds of a foreign corporation held to be attachable,
under the circumstances of the case. This section referred to in constru-
ing article 23, sections 391 to 401 of the Code of 1904—see notes to article
23, section 68 of the Annotated Code. De Bearn v. Prince de Beam, 115
Md. 674.

See notes to article 23, section 68.

19.

See article 52, section 49A.

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 147   View pdf image (33K)
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