ATTACHMENTS. 301

If one of two joint (partnership) debtors is a resident of Baltimore city, the
firm may be proceeded against in Baltimore city by an attachment on original
process. But the attachment will be quashed unless actual or constructive fraud
was committed jointly. Collier v. Hanna, 71 Md. 253.

In an attachment against one partner as an absconding debtor, the other partner
being summoned, the assets of the firm cannot be condemned on a partnership
debt. Johnston v. Matthews, 32 Md. 368.

Where an attachment on original process is sued out against a partnership and
levied on partnership property, and one of the partners absconds so that the writ
cannot be served on him, the remaining partner represents the firm and the. attach-
ment is valid. Thomas v. Brown, 67 Md. 519.

An attachment levied against partnership property on a debt alleged to be. due
by the firm, though the judgment of condemnation is entered against one partner
only, will be quashed. Boyd v. Wolf, 88 Md. 342.

As to joint obligations and tenancies, see art. 50.

An. Code, sec. 41. 1904, sec. 41. 1888, sec. 40. 1860, ch. 306, sec. 6. 1888, ch. 507.

41. In case the defendant, or any other person interested in the pro-
ceedings, is not satisfied with the sufficiency of the surety or sureties, or
any one of them, or with the amount specified in the bond aforesaid, he
may, at any time before judgment, apply to the judge of the court in which
the said bond is filed, for an order requiring the plaintiff to give additional
security, notice of which application shall be given to the plaintiff not
less than four days before the same is made; and the said judge, if satis-
fied from evidence of the insufficiency of the said bond, may order or
require the plaintiff to give an additional bond, with security to be approved
of by the court, in such sum and within such time as he may deem proper;
and in case the plaintiff shall fail to comply with such order, the. said writ
of attachment shall be quashed, and the property attached, or its proceeds,
if the same shall have been sold by order of the court, shall be returned
to the defendant or be otherwise disposed of, as shall be ordered by the
court.

See notes to sec. 39.

An. Code, sec. 42. 1904, sec. 42. 1888, sec. 41. 1864, ch. 306, sec. 7.

42. The practice and pleadings under the writ of attachment issued in
compliance with sections 36-41 of this article shall, in all other respects
not therein provided for, conform, as near as may be, to the practice and
proceedings under writs of attachment against non-resident and absconding
debtors.

An. Code, sec. 43. 1904, sec. 43. 1888, sec. 42. 1868, ch. 447.

43. Every justice of the peace may issue an attachment in any of the
cases mentioned in section 36 of this article, where the sum claimed shall
not exceed one hundred dollars, upon the party applying for the same
making before the justice the affidavit, and exhibiting the proofs and
vouchers necessary to authorize an attachment to be issued from the circuit
court in such cases, and giving bond, with security to be approved by said
justice, in double the sum alleged to be due, and conditioned as is provided
in section 39 of said article, except such changes of language as may be
necessary to make the same applicable to a proceeding before a justice of
the peace; and such attachment shall be returnable before the justice who