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The Maryland Code Public General Laws, 1904
Volume 393, Page 272   View pdf image (33K)
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272 ATTACHMENTS. [ART. 9

also of the amount of the assets of the defendant in the hands
of the garnishee properly subject to attachment; and no judg-
ment of condemnation nisi shall be made absolute without such
proof; provided, that in all cases in which a garnishee has been
summoned, at any time after the return of the writ, the plaintiff
may file interrogatories in the cause, which shall be served by
the sheriff upon the garnishee within ten days thereafter; or, if
the garnishee shall be a non-resident of the State, shall be
served upon the garnishee by some person to be appointed by
the court in which the case is pending; and if the garnishee
shall fail to answer said interrogatories within twenty days-
after the service of the interrogatories upon him, then, upon
proof of such service, the plaintiff shall be entitled to judg-
ment against the garnishee for the amount of the claim of the
plaintiff for which the attachment was issued.

Laflin v. B. & O. R. R. Co., 63 Md. 76. Western Bank v Union Bank, 91
Md. 624.

1888, art. 9, sec. 14. 1860, art. 10, sec. 15. 1795, ch. 56, sec. 4. 1900, ch. 138.

14. The garnishee in every attachment issued in pursuance
of the preceding section may plead in behalf of the defendant
any plea or pleas which the defendant might or could plead if
the summons had been served upon him and he had appeared,
or the garnishee may pay the amount of money in his hands,
into court, to be awarded to the party having a legal right to
the same.

Ban v. Perry, 3 GUI, 323. Lambden v. Bowie, 2 Md. 339. Risewick v.
Davis, 19 Md. 84 Spear v. Grffin, 23 Md 418. Albert v. Albert, 78 Md. 338.

Ibid. sec. 15. 1860, art 10, sec. 16. 1795, ch. 56, sec. 5.

15. In all cases of attachment, whether upon warrant, judg-
ment 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 defendant 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 garnishee shall neglect or
refuse so to do, as provided in section 13, the court is hereby
directed to adjudge that such garnishee hath in his possession
property of the defendant, or is indebted to such defendant to
on 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 condemnation in the hands of garnishees.

Devries v. Buchanan, 10 Md. 214 Boyd v. Ches. & Ohio Canal Co., 17
Md. 211.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 272   View pdf image (33K)
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