296 ARTICLE 9.

An attachment on judgment is considered as an execution and governed by the
same principles. See notes to art. 5, sec. 2. Sharpless Separator Co. v. Brilhart,
129 Md. 86.

While an attachment under this section has some of the attributes of an execu-
tion, it has also, especially as against the garnishee, many qualities of mesne pro-
cess. The mere laying of the attachment creates an inchoate lien, which can be
perfected only by a judgment of condemnation. Rhodes v. Amsinck, 38 Md. 355.

An attachment on judgment is governed by the same rules as an execution and
may be issued by a court entering judgment on appeal from a justice of the peace.
Griffith v. The Aetna, etc., Co., 7 Md. 102; First National Bank v. Jaggers, 31
Md. 48.

An attachment on judgment does not come under the clause of the bankrupt
law making invalid all attachments on mesne process within four months. First
National Bank v. Jaggers, 31 Md. 48.

Where there is a stay of execution, an attachment on judgment cannot be issued
until such stay expires. Goldsborough v. Green, 32 Md. 91.

An attachment on a judgment of the circuit court of one county, cannot issue
out of the circuit court for another county, unless there is a transcript of the judg-
ment first filed in the latter court. Harden v. Moore, 7 H. & J. 4.

As to attachments by the state against a debtor or his securities, see art. 81,
see. 86.

See notes to sec. 11.

An. Code, sec. 30. 1904, sec. 30. 1888, sec. 29. 1715, ch. 40, sec. 7.

30. If neither the defendant nor the garnishee in whose hands such
property or credits were attached, shall appear at the return of the attach-
ment and show sufficient cause to the contrary., the court shall condemn the
said property and credits so attached, as provided in section 13 of this
article, and award execution thereof.

The execution may issue as soon as the judgment of condemnation becomes abso-
lute, without giving bond. Anderson v. Graff, 41 Md. 607.

An. Code, sec. 31. 1904, sec. 31. 1888, sec. 30. 1853, ch. 201, sec. 1.

31. The several justices of the peace of this State may issue an attach-
ment by way of execution, on any judgment obtained before any justice of
the peace in all cases where a writ of fieri facias might issue.

See notes to sec. 29.

See art. 52, sec. 45, et seq.; also art. 52, sec. 74.

Attachments by Justices Against Non-Resident or
Absconding Debtors.

An. Code, sec. 32. 1904, sec. 32. 1888, sec. 31. 1835, ch. 201, sec. 14. 1849, ch. 269.

1852, ch. 239, secs. 1, 2.

32. Any justice of the peace may issue an attachment against a non-
resident or absconding debtor, where the sum claimed shall not exceed one
hundred dollars, but no special pleading shall be required before a justice
of the peace.

The decision in Campbell v. Webb, 11 Md. 480, to the effect that the short note

was essential and the notice prescribed by the act of 1849, ch. 269, was no longer

required, is not now law by reason of the omission from the Code of 1860, and

subsequent codes, of the act of 1852, ch. 239, thus leaving the former act still in

force.

See art. 52, sec. 45, et seq.; also art. 52, sec. 74.