ART. 9] CONDEMNATION—EXECUTION. 271

cause why such lands, tenements, goods, chattels or credits so
.attached should not be condemned and execution thereof had
and made as in other cases of recoveries and judgments given
in courts of record.

Davidson v. Beatty, 3 H. & McH. 615. Fitzhugh v. Hellen, 3 H. & J. 206.
Barney v. Patteison, 6 H. & J. 201. Clarke v. Belmear, 1 G. & J. 443. Stone
v. Magruder, 10 G. & J. 386. Van Brunt v. Pike, 4 Gill, 271. McCoy v.
Boyle, 10 Md. 396. Berry v. Mathews, 13 Md. 558. Freidenrich v. Moore,
24 Md. 296. Johnson v. Lemmon, 37 Md. 336. Farmers Bank v. Brooke,
40 Md. 258. Manton v. Hoyt, 43 Md. 254. Corner v. Mackintosh, 48 Md. 387.

1888, art. 9, see. 12. 1860, art. 10, sec. 13. 1715, ch. 40, sec. 3.

12. If neither the defendant nor the garnishee in whose hands
the property or credits may be attached shall appear at the return
of the attachment, the court shall and may condemn the prop-
erty and credits so attached, as provided in section 13, and
award execution thereof; provided, that no such execution shall
issue unless the plaintiff give bond or sufficient security before
the court awarding the execution to make restitution of the
lands, tenements, goods, chattels or credits so as aforesaid
condemned, or the value thereof, if the defendant shall at any
time within a year and a day—to be accounted from the return
of said attachment—appear to the said original action, and
make it appear that the claim of the said plaintiff, or some
part thereof, is not due to the said plaintiff.

Davidson v Beatty, 3 H. & McH. 616. Owings v. Norwood's Lessee, 2 H.
A J. 96. Boarman v. Israel, 1 Gill, 372. Cockey v. Milne's Lessee, 16 Md.

200. Walters v. Munroe, 17 Md. 506 Graff v. Transp. Co., 18 Md. 364.
Dawson v. Contee, 22 Md. 28. Mears v. Adreon, 31 Md. 235. C. S. & L. Co.

v Kerngood, 51 Md. 416. Lee v. C. 8. & L. Co., 58 Md. 302. Johnson v.
Foran, 59 Md. 461.

Ibid sec. 13. 1860, art. 10, sec. 14. 1715, ch. 40, sec. 4. 1880, ch. 28.

13. No sheriff or other officer shall levy by way of execution
against the garnishee more than the plaintiff's debt and cost,
nor more than what the said plaintiff shall make appear to be
the value of the property and credits attached in the hands of
such garnishee, 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; and upon any judg-
ment of condemnation nisi against any garnishee for want of
appearance or plea, the plaintiff shall be at liberty to proceed,
and prove his case in the same manner as in any judgment by
default ex parte, and not otherwise, by proof of his debt, and