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Revised Code of the Public General Laws, 1879
Volume 388, Page 675   View pdf image (33K)
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ART. 67. ] ATTACHMENTS.

nishee, together with such costs only as the garnishee shall put the
plaintiff to by denying himself to be indebted to the defendant and
contesting the same.

675

15. The garnishee in every attachment issued in pursuance of
the preceding sections may plead in behalf of the defendant any
plea or pleas which the defendant might or could plead if the sum-
mons had been served upon him and he had appeared
16. Any judgment of condemnation against a garnishee and
execution thereon, or payment by such garnishee, shall be sufficient,
and pleadable in bar in any action brought against him by the de-
fendant in the attachment for or concerning the property or credits
so condemned

pleadable against defendant 8 Md 498, 5 Gill 424, 1H A G 502,

1 H & McH 80, 3 H & McH. 178.

Id s 15.
1795, c 36, s 4
The defence of
garnishee for
defendant
31 Md 404, 39
Md 223, 47 Md
312
Id s 37
1715, c 40, ss.
8-7
Judgment of
condemnation
and execution
thereon, or pay-
ment by gar-
nishee, when

17. In all cases of attachment, whether upon warrant, judgment
or decree, the plaintiff may exhibit interrogatories in writing to the
garnishee, who shall by rule of court answer each and every of said
interrogatories touching or concerning the property of the de-
fendant in his possession or charge, or by him due or owing at the
time of serving such attachment, or at any other time; and if such

Id s 16.
1795, c 66, s 5.
The interroga-
tories.

garnishee shall neglect or refuse so to do, the court is hereby di-
rected to adjudge that such garnishee hath in his possession prop-
erty of the defendant, or is indebted to such defendant to an amount
and value sufficient to pay the debt, damage, and interest of said
plaintiff and costs, and execution shall issue as in other cases of con-
demnation in the hands of garnishees.

What judgment
to be given if
garnishee ne-
glect or refuse
to answer them.

18. In all attachments, the garnishee may appear in court on the
return day of such attachment, or within four days thereafter, and
confess the amount of goods, chattels, or credits in his hands; and
if the plaintiff will not take judgment of condemnation for the
amount so acknowledged, but shall claim a larger sum, then the
garnishee shall be allowed the costs of suit, unless on a final decision
the plaintiff shall recover a larger amount than the garnishee ac-
knowledged as aforesaid.

Id s. 17.
1824, c 74, s 2.
Confession of
judgment by
garnishee

19. Any plaintiff in an attachment, may have the same laid
upon debts due the defendant upon judgments or decrees rendered
or passed by any of the courts of law or equity in this State, and
may have judgment of condemnation thereof as upon any other
debts due said defendant; and an execution may, on application of
any party to the court rendering such judgment or decree, be issued

Id s 18
1831, c 321, ss
1-2
Attachment of
judgments or
decrees due de-
fendant upon
judgments or
decrees

for enforcing the payment thereof, notwithstanding the attachment;

Execution

provided, the money payable on such judgment or decree be in the
said writ of execution required to be brought into the said court, to
be by such court preserved or deposited, or invested in stocks, to
abide the event of the proceedings in such attachment.

Money brought
into court.

20. An attachment may be laid on any interest which the de-
fendant has or may be entitled to in the stock of any corporation,
or in the debt of any corporation, transferable upon the books of
such corporation; and it shall be the duty of the sheriff or other
officer, in laying said attachment, to comply with the requirements

Id s 19.
1832, c 307, s 1.
Attachment of
defendant's
interest in stock
or debt of cor-
porations
40 Md 699
Duty of sheriff.



 
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Revised Code of the Public General Laws, 1879
Volume 388, Page 675   View pdf image (33K)
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