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The Maryland Code Public General Laws, 1904
Volume 393, Page 274   View pdf image (33K)
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274 ATTACHMENTS. [ART. 9

of the defendant or defendants, in a sum of money equal to the
value of the property attached, with security to be approved by
the court, or the judge thereof, if in recess, to satisfy any judg-
ment that shall be recovered in such case against the defendants.
Barr v. Perry, 3 Gill, 326. Lambden v. Bowie, 2 Md. 340. Clark v. Bryan,
16 Md. 178. Walters v. Munroe, 17 Md. 501. Randle v. Mellen, 67 Md, 188.
Hams v. Regester, 70 Md. 109.

1888, art. 9, sec. 20. 1860, art. 10, sec. 21. 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 adverse
party or his attorney, the said judge shall proceed to hear said
petition and receive evidence and adjudicate thereon, in the
same manner and to the same extent as he would be empowered
to do while sitting in court at the return day of said writ, on
motion to quash and set aside the same; provided, such peti-
tion shall not prevent the further execution of said attachment
until the judge shall order the same to be quashed.

Campbell v. Morris, 3 H. & McH. 553. Ranahan v. O'Neale, 6 G. & J. 301.
Bruce v. Cook, 6 G. & J. 348. Stone v. Magruder, 10 G. & J. 386. Boarman
v. Israel, 1 Gill, 382. Barr v. Perry, 3 Gill, 325. Carson v. White, 6 Gill, 26.
Lambden v. Bowie, 2 Md. 338. Robertson v. Beall, 10 Md. 129. Gover v.
Barnes, 15 Md. 567. Hall v. Richardson, 16 Md. 410. Clarke v. Meixsell,
29 Md. 221. Mears v. Adreon, 31 Md. 234. Cromwell v Royal Ins. Co., 49
Md. 366. Noble v. Turner, 69 Md. 525.

1900, ch. 139, sec. 49.

21. In all cases where a motion to quash an attachment is
made, and testimony is required to be taken in support of or
against such motion, any party in interest shall have the right
to have such testimony taken orally, in open court.

1888, art. 9, sec. 21. 1860, art. 10, sec. 22 1862, ch. 155, sec. 2.

22. Either party shall be at liberty to appeal from the deci-
sion of the judge on said petition within two months thereafter.

Ibid. sec. 22. 1860, art 10, sec 23. 1852, ch. 155, sec. 2.

23. If the judge shall quash said attachment, and the plaintiff
shall appeal and give bond in such penalty and with such
security as said judge may approve, conditioned to prosecute


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 274   View pdf image (33K)
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