302 ARTICLE 9.

issued it, on a day certain to be named therein, not less than twenty nor
more than thirty days from the date of issuing it; and the plaintiff shall
give notice of the issuing of such attachment in the same manner as in case
of attachments before a justice against non-resident or absconding debtors;
and a writ of summons shall also be issued with such attachment, as is
usual in cases of debt before a justice, and the proceedings on such attach-
ment shall conform as near as practicable to the practice and proceedings
under writs of attachment against non-resident or absconding debtors,
issued by a justice of the peace.

See notes to secs. 36 and 39.

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

Attachments in Actions Ex Contractu for Unliquidated Damages
and in Actions for Wrongs Independent of Contract.

An. Code, sec. 44. 1904, sec. 44. 1888, sec. 43. 1888, ch. 507.

44. Attachments may also be issued against non-resident or absconding
debtors in cases arising ex Contractu, where the damages are unliquidated,
and in actions for wrongs independent of contract; but in such cases no
attachments shall issue until a declaration shall have been filed, setting out
specially and in detail the breach of contract complained of, or the tort
actually committed, verified by the affidavit of the plaintiff or some one
on his behalf, and until a bond shall be filed, similar in all respects to the
bond required to be given in cases of attachments on original process for
fraud, as prescribed by section 39 of this article. In cases arising under
this section, the practice and pleadings shall in all other particulars con-
form to the practice and proceedings against non-resident and absconding
debtors in actions ex Contractu for liquidated damages.

When damages are unliquidated.

Whether damages' for breach of contract are liquidated or unliquidated, depends
on whether the contract itself fixes the amount, or furnishes a standard by which
the amount may be determined with sufficient certainty to enable the plaintiff to
make oath to his claim. And damages are not unliquidated because less than is
claimed may be ultimately recovered—matters of defence in mitigation of dam-
ages, do not affect the standard of damages. Dirickson v. Showell, 79 Md. 53;
Warwick v. Chase, 23 Md. 160. See also Smithson v. U. S. Telegraph Co., 29 Md.
166; Steuart v. Chappell, 98 Md. 531; Keen v. Whittingdon, 40 Md. 497; Blick v.
Mercantile Trust Co., 113 Md. 490.

An attachment by a lawyer for professional services, in the absence of an agree-
ment as to the amount to be paid, is for unliquidated damages, and the procedure
must follow this section. Steuart v. Chappell, 98 Md. 531.

Damages arising from a breach of a complicated agreement embracing many
things to be performed, are unliquidated. Hough v., Kugler, 36 Md. 194.

And see notes to sec. 4.

Generally.

This section applies to an original proceeding only, and cannot be made ancillary
to an attachment on two non ests. An affidavit (as prescribed in sec. 4), must
accompany the declaration, account and bond. Steuart v. Chappell, 100 Md. 541.

And see notes to sec. 39.