ATTACHMENTS 365

Attachment of corporate stock only exists by statute, and only applies to stock of
corporations existing in this state, and not to stock of those outside of the state.
Morton v. Grafflin, 68 Md. 559.

As to the attachment of corporate stock, see art. 23, secs. 67, 68, 85, et seq., and 119.

See notes to art. 23, sec. 85.

An. Code, 1924, sec. 19. 1912, sec. 19. 1904, sec. 19. 1888, sec. 19. 1832, ch. 280, sec. 5.
1834, ch. 79, sec. 2. 1854, ch. 153, sec. 4. 1920, ch. 483, sec. 19.

19. No attachment shall be dissolved unless every defendant appears
to the action, and unless a bond be given by or on behalf of the defendant or
defendants, in a sum equal to the value of the property attached, with
security to be approved by the Court, or the Clerk thereof, if in recess, to
satisfy any judgment that shall be recovered in such case against the de-
fendant or defendants; provided, however, that if the property attached
exceeds in value the amount of the plaintiff's claim, then the defendant or
defendants may dissolve such attachment by giving bonds, condition as
aforesaid, with security approved as aforesaid, in double the amount of the
plaintiff's claim.

Effect of bankruptcy proceedings upon bond.

Where the attachment is dissolved by giving bond, and more than four months after
the issue of the attachment the defendant in the attachment goes into bankruptcy
and later is discharged, a qualified judgment in the short note case may nevertheless
be entered against the defendant, so as to bind the bond. Kendrick v. Warren,. 110
Md. 72.

But no judgment can be entered and the bond is not liable where the attachment is
issued within four months prior to the bankruptcy proceedings. Crook-Horner Co. v.
Gilpin, 112 Md. 1.

Generally.

This section is peculiarly appropriate to an attachment on original process. If this
section authorizes the dissolution of an attachment on judgment by the filing of a bond,
the bond in question held not to be in literal compliance with this section. The filing
of a bond held not to convert the suit into an action in personam. West v. Wood Com-
pany, 140 Md. 520.

The bond takes the place of the attachment, and the short note case remains to be
tried just as before. Randle v. Mellen, 67 Md. 188.

The defendant can dissolve the attachment only during the term to which the
attachment is returned. Walters v. Monroe, 17 Md. 505.

The defendant must appear before he can dissolve. If a bond is given and the
attachment dissolved without the defendant's appearance, and it appears that the
court rendering judgment had no jurisdiction, the bond is not liable. The giving of
the bond by third parties does not amount to an appearance by the defendant. Clark
v. Bryan, 16 Md. 178.

The amendment of the declaration or of the voucher in an attachment suit, does
not discharge the surety on a bond to dissolve the attachment, unless such amendment
makes a new cause of action or imposes upon the surety a greater liability than that
assumed when the bond was delivered. Amendment held not to discharge the surety.
Warren v. Kendrick, 113 Md. 605.

A bond which, in form appears to be for dissolution of attachment on original process
as provided by this section, but was intended to be bond for dissolution of attachment
on judgment already entered against credits in hands of garnishees, cannot be treated
as statutory bond, but may be construed as common law bond. Md. Casualty Co. v.
Greenberg, 159 Md. 40.

Cited but not construed in Lanasa v. Beggs, 159 Md. 314.

See art. 52, sec. 54, and notes to sec. 39 (this article).

An. Code, 1924, sec. 20. 1912, sec. 20. 1904, sec. 20. 1888, sec. 20. 1852, ch. 155, sec. 1.

20. Any absent defendant, or any one in his behalf, may file a petition
to the judge of a court from which an attachment has issued, before the
return day of such attachment, praying that the said writ be quashed and
set aside; and thereupon the judge shall order the sheriff to return said
writ and the proceedings thereunder immediately before him; and upon
such return and after such notice as he shall prescribe to be given to the