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The Maryland Code Public General Laws, 1904
Volume 393, Page 279   View pdf image (33K)
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ART. 9] ON ORIGINAL PROCESS FOR FRAUD. 279

plaintiff knows or has good reason to believe, either (first) that
the debtor is about to abscond from this State, or (second)
that the defendant has assigned, disposed of or concealed, or
is about to assign, dispose of or conceal his property or some
portion thereof, with intent to defraud his creditors, or (third)
that the defendant fraudulently contracted the debt or incurred
the obligation respecting which the action is brought, or
(fourth) that the defendant has removed or is about to remove
his property, or some portion thereof, out of the State with
intent to defraud his creditors.

Howard v. Oppenheimer, 25 Md. 372. Dean v. Oppenheimer, 25 Md. 377.
Clarke v. Meixsel, 29 Md. 221. Stewart v. Katz, 30 Md. 334 Horwitz v.
Ellinger, 31 Md. 492. Dellone v. Hull, 47 Md. 114. Farrow v. Hayes, 51
Md. 507. Strauss v. Rose, 59 Md. 526. Dumay v. Sanchez, 71 Md. 508.
Sanborn v. Mullen, 77 Md. 481. Johnson v. Stockham, 89 Md. 363.

1888, art. 9, sec. 36. 1864, ch. 306, sec. 2.

37. At the time of making said affidavit the plaintiff shall
produce the bond, account or other evidence of the debt, by
which said debtor is indebted, and the same shall be filed
among the papers in the cause.

Ibid. sec. 37. 1864, ch. 306, sec. 3 1888, ch. 507.

38. There shall be issued with every attachment issued
under the provisions of the two preceding sections, a writ of
summons against the defendant, as is usual in actions at law.
The action shall be instituted either in the county where the
defendant resides or where the property proposed to be
attached may be located or found, or where the proposed
garnishee resides; but if the action be instituted in any county
other than that wherein the defendant resides, the writ of
summons against the defendant shall be directed to the sheriff
of the county wherein the defendant resides, returnable to the
court in which the action shall be brought.

Ibid. sec. 38. 1894, ch. 104.

39. Every clerk before issuing an attachment under the pre-
ceding section shall take from the plaintiff or some person on
his behalf bond to the State of Maryland, with security, to be
approved by said clerk, in double the sum alleged to be due by
the defendant or defendants, conditioned for satisfying all costs
which may be awarded to such defendant or defendants, or to
any other persons interested in the proceedings, and all damages


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 279   View pdf image (33K)
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