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The Maryland Code Public General Laws, 1904
Volume 393, Page 276   View pdf image (33K)
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276 ATTACHMENTS. [ART. 9

any judge thereof in vacation, may order a sale of any property
which may be levied on by virtue of such attachment whenever
the court or judge may deem such sale expedient and for the
better promotion of the ends of justice, on such terms and
notice as the order may prescribe, and such sale may be ordered
before or after the return of the attachment, and the proceeds
of such sale after the payment of the expenses incident thereto,
shall be paid into court and deposited with the clerk, subject
to the order of the court on the final decision of the case.
O'Brien v. Norris, 16 Md. 122. Hall v. Richardson, 16 Md. 396.

Amendments.

1888, art. 9, sec. 27. 1860, art. 10, sec. 28. 1845, ch. 54. 1846, ch. 324-328.
1888, ch. 507. 1898, ch. 44.

28. The affidavit, short note, declaration, voucher, pleadings,
interrogatories, claim of property and all other papers in attach- .
ment proceedings may be amended in the same manner and to
the same extent as the proceedings in any other suits or actions
at law, so that all attachment cases may be tried on their real
merits and the purposes of justice subserved; nor shall any
attachment proceedings be quashed or set aside for any defect
in mere matter of form.

Blair v. Winston, 84 Md. 361. Booth v. Callahan, 97 Md. 318.

Attachments on Judgments and Decrees.

Ibid. sec. 26. 1860, art. 10, sec. 30. 1715, ch. 40, secs. 3-7. 1831, ch. 321,
sec. 4. 1834, ch. 189. 1853, ch. 375. 1888, ch. 507.

29. 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 contain 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 same 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.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 276   View pdf image (33K)
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