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The Maryland Code, Public General Laws, 1888
Volume 389, Page 76   View pdf image
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76 ATTACHMENTS. [ART. 9.

purposes of justice subserved; nor shall any attachment proceed-
ings be quashed or set aside for any defect in mere matter of
form.

Attachments on Judgments, and Attachments Issued by
Justices of the Peace.

P. G. L , (1860,) art 10, sec. 30. 1715, ch. 40. secs. 8-7. 1831, ch. 321, sec. 4
1834, ch. 189. 1853, ch 375. 1888, ch. 507.

28. Any plaintiff having a judgment or decree in any court

of law or equity in this State may, instead of any other execu-
tion, issue an attachment against the lands, tenements, goods,
chattels and credits of the defendant in the plaintiff's own hands,
or in the hands of any other person, which attachment shall con-
tain the clause of scire facias required in an attachment against a
non-resident or absconding debtor. Whenever such attachment
shall be issued upon a decree of a court of equity, such court

shall have authority and jurisdiction to hear and determine any
question that may arise upon such attachment as fully as the
fame could be heard and determined by any court of law, subject
to the right of appeal to the court of appeals as in other cases;
but if any party to such attachment shall pray a jury trial at any
time before such attachment case shall be determined by said

court of equity, such attachment proceedings shall be transmitted
to a court of law, to be tried as in cases of attachment on judg-
ment.
Davidson v. Beatty, S H. & McH 617. Baldwin v. Wright, 3 Gill, 246,

Griffith v. AEtna, Ins. Co , 7 Md. 103 Boyd v. Talbot, 7 Md. 404. Mayor, &c.
Balto. v. Root, 8 Md. 100. Robertson v. Beall, 10 Md. 129. Berry v. Mathews,
13 Md. 558. Cockey v. Milne, 16 Md. 206. First Nat. Bank v. Jaggers, 31 Md.

48. Johnson v. Lemmon, 37 Md. 343. Rhodes v. Amsinck, 38 Md. 355.
Farmers Bank v. Brooke, 40 Md. 258 Anderson v. Graff, 41 Md. 606. Cooke
v. Cooke, 43 Md. 530. Manton v. Hoyt, 43 Md. 254. First Nat Bank v.
Weckler, 52 Md. 38.

Ibid. sec. 31. 1715, ch. 40, sec. 7.

29. If neither the defendant nor the garnishee in whose hands

such property or credits were attached, shall appear at the return
of the attachment and show sufficient cause to the contrary, the
court shall condemn the said property and credits so attached, as
provided in section 13 of this article, and award execution thereof.

Johnson v. Lemmon, 37 Md 342 Rhodes v. Amsinck, 38 Md. 355. Lee v.

C. S & L. Ass., 58 Md. 302.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 76   View pdf image
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