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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 305   View pdf image (33K)
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ATTACHMENTS. 305

petitioner not less than five days before the same is made; and the said
judge, if satisfied from evidence of the insufficiency of the bond, may
order or require the petitioner to give an additional bond within such time
as he shall deem proper; and in case of refusal to comply with such order,
judgment may be entered against such petitioner to the amount of the real
value of the property levied upon, upon which execution may issue as pro-
vided by law; and said plaintiff may have an execution against the defend-
ant in the original attachment; provided, that but one satisfaction of the
debt or demand shall be made; and it shall be in the discretion of the court
in all such cases to dispose of the matter of costs.

This section indicates clearly that the bond required by the preceding section is
for the plaintiff's protection. Turner v. Lytle, 59 Md. 207.

Attachment Before Maturity of Plaintiff's Claim.

An. Code, sec. 50. 1904, sec. 50. 1888, sec. 48. 1894, ch. 648.

50. Although the debt or obligation upon which the action is brought
may not have matured, the creditor may, nevertheless, proceed by attach-
ment, as heretofore provided, in the following cases: (1) When the debtor
absconds; (2) when he has assigned, disposed of or concealed or is about to
assign, dispose of or conceal his property or some part thereof, with intent
to defraud his creditors; (3) when he is about to abscond from this State;
(4) when he has fraudulently contracted the debt or incurred the obligation
respecting which the action is brought; or (5) when he has removed or is
about to remove his property, or some portion thereof, out of this State, with
intent to defraud his creditors. The date of the maturity of the debt or
obligation shall be set forth in the affidavit upon which the attachment is
to issue, and the plaintiff shall not be entitled to judgment either in the
short note or in the attachment case until after the maturity of the debt or
obligation.

For an attachment before the maturity of notes, see Johnson v. Stockham, 89
Md. 374.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 305   View pdf image (33K)
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