ATTACHMENTS. 293

Prayer for immediate return of writ and hearing granted under this section.
Motion to quash attachment overruled—see notes to sec. 4. Hedrick v. Markham,
132 Md. 161.

If the attachment is quashed, the whole proceeding (including the short-note
case where the defendant is not summoned and does not appear), fails. Randle v.
Mellen, 67 Md. 188.

Where a judgment of condemnation nisi has been entered before the defendant
appears, he should move to strike out the judgment before moving to quash.
Boarman v. Patterson, 1 Gill, 379.

A defendant may appear in the attachment case for the purpose of moving to
strike out the judgment of condemnation and to quash the execution thereon,
without thereby being in the jurisdiction of the court so as to lay himself open
to a personal judgment in an action of assumpsit brought at the same time as the
attachment. Potomac, etc., Co. v. Clyde, 51 Md. 179.

A 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.

At the hearing of a motion to quash, the plaintiff opens and closes. Johnson v.
Stockham, 89 Md. 379.

An. Code, sec. 21. 1904, sec. 21. 1900, ch. 139, sec. 49.

21. In all eases where a motion to quash an attachment is made, and
testimony is required to be taken in support of or against such motion, any
party in interest shall have the right to have such testimony taken orally,
in open court.

An. Code, sec. 22. 1904, sec. 22. 1888, sec. 21. 1852, ch. 155, sec. 2.

22. Either party shall he at liberty to appeal from the decision of the
judge on said petition within two months thereafter.

An. Code, sec. 23. 1904, sec. 23. 1888, sec. 22. 1852, ch. 155, sec. 2.

23. If the judge shall quash said attachment, and the plaintiff shall
appeal and give bond in such penalty and with such security as said judge
may approve, conditioned to prosecute said appeal with effect, or in default
thereof to pay such costs and damages as the absent defendant or other per-
sons interested in said property or credits may incur, or suffer by reason
of such attachment and appeal, the attachment shall remain in force as if
no such petition had been filed.
See notes to sec. 39.

An. Code, sec. 24. 1904, sec. 24. 1888, sec. 23. 1852, ch. 155, sec. 2.

24. The party appealing under the preceding section shall have ten
days from the date of the judgment quashing any such writ of attachment,
within which he may file his appeal bond, and the writ of attachment shall
remain in force during that time.

Attachments After Two Non Ests.

An. Code, sec. 25. 1904, sec. 25. 1888, sec. 24. 1715, ch. 40, sec. 2.

25. When two summonses have been returned non est against the de-
fendant in any of the courts of law of this State, the plaintiff, upon proof
of his claim as hereinbefore required, shall be entitled to an attachment,
and the judge of the court where such action is pending shall order such
attachment to issue, and the same proceedings shall be thereupon had as
in attachments issued against absconding debtors.