ATTACHMENTS. 279

Several Attachments. 45. When plaintiff may have. Costs. 46. Service of writ. Setting up of short note. Claimants of Property. 47. Claimant of property under attach- ment or execution. Petition and proceedings.

48. Property attached to be discharged from levy and surrendered to claim- ant upon filing of approved bond. 49. Sufficiency of bond. Attachment Before Maturity of Plaintiff's Claim. 50. Attachment proceedings before ma- turity of the plaintiff's claim.

Attachments Against Non-Resident and Absconding Debtors.

An. Code, sec. 1. 1904, sec. 1. 1888, sec. 1. 1832, ch. 280, sec. 1. 1854, ch. 153, sec. 1.

1. Every person and every body corporate that has the right to become
a plaintiff in any action or proceeding before any judicial tribunal in this
State shall have the right to become a plaintiff in an attachment against a
non-resident of this State, or against a person absconding.

A non-resident of Maryland may be plaintiff. Hodgson v. Southern Bldg. Assn.,
91 Md. 446.

Though a non-resident corporation at the time it sues out an attachment in
Maryland has not qualified to do business in this state, if it does so qualify before
trial, the attachment can be maintained. Kendrick v. Warren, 110 Md. 71.

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

An. Code, sec. 2. 1904, sec. 2. 1888, sec! 2. 1817, ch. 138. 1832, ch. 280, sec. 1.
1854, ch. 153, sec. 2. 1916, ch. 596, sec. 2.

2. Every person who doth not reside in this State, and every person
who absconds, may be made a defendant in an attachment; and any cor-
poration not chartered by this State, or any corporation chartered by this
State, which for a period of ten days next preceding is without at least one
resident agent, whose name and postoffice address is given in its charter or
filed with the State Tax Commission in conformity with Section 11 of
Article 23, may be made a defendant in an attachment in the same manner
as non-resident individuals, unless such corporation shall have been incor-
porated under the laws of this State prior to June 1, 1916, and have at
least one director who is a citizen of this State actually residing therein.

Who is a " non-resident" ? Blair v. Winston, 84 Md. 358; Risewick, v. Davis,
19 Md. 82; Dorsey v. Kyle, 30 Md. 518; Dorsey v. Dorsey, 30 Md. 530; McKim v.
Odom, 3 Bl. 428.

If the defendant is in fact a non-resident, his being summoned does not defeat
the attachment. Blair v. Winston, 84 Md. 358.

Any non-resident of Maryland may be defendant, but the subject of the attach-
ment or garnishment must be property or credits for which the defendant in the
attachment could have sued the garnishee in this state. Hodgson v. Southern
Bldg. Assn., 91 Md. 447; Cromwell v. Royal Ins. Co., 49 Md. 373; Myer v. Liver-
pool, etc., Co., 40 Md. 595. And see Parley v. Colver, 113 Md. 385.

A resident may attach property located in Maryland of a non-resident alien
enemy. Hepburn's Case, 3 Bl. 120.

An act of congress exempting a national bank or its property from attachment
before final judgment, is valid. Chesapeake Bank v. First National Bank, 40
Md. 269.