280 ATTACHMENTS. [ART. 9
which the defendant or defendants, or any other persons inter-
ested in the proceedings, shall suffer because of the wrongful
suing out of said attachment, which bond shall be filed in the
office of the clerk issuing such attachment; the condition of
said bond shall be substantially in the following form: The
condition of this obligation is such, that whereas the above
bounden ———— hath on the day of the date hereof, ordered
an attachment out of (naming the court from which said attach-
ment shall issue) at the suit of ———— vs. ————, for the sum
of ————, and the same being about to be sued out of said
court, returnable on the ———— day of ———— next; now if the
said ———— shall prosecute his suit with effect, or in the case
of failure thereof shall well and truly pay and satisfy the said
———— and any other person interested in the proceedings all
such costs of said suit, and all such damages as he or they
shall or may suffer or incur by reason of the wrongful suing
out of such attachment, then the above obligation to be void,
otherwise to remain in full force and effect. Every attachment
hereafter issued without a bond and affidavit taken as aforesaid
is hereby declared Illegal and void and shall be dismissed.
Howard v. Oppenheimer, 25 Md. 350. Stewart v. Katz, 30 Md. 334.
Wanamaker v. Bowes, 36 Md. 42. Gable v. Brooks, 48 Md. 113. McLuckie
v. Williams, 68 Md. 265. Dumay v. Sanchez, 71 Md. 508. Sanborn v. Mullen,
77 Md. 480.
1888, art. 9, sec. 39. 1864, ch. 306, sec. 5.
40. In all cases where two or more persons are jointly
indebted, either as partners or otherwise, and an affidavit shall
be filed as hereinbefore provided, so as to make one or more
of such joint debtors amenable to the process of attachment,
then the writ of attachment shall issue against the lands and
tenements, goods, chattels and credits of such as are so brought
within the provisions of this law; but the writ of summons
shall issue against all the joint defendants, as in other actions
against joint defendants.
Collier v Hanna, 71 Md. 254. Sanborn v. Mullen, 77 Md 480
Ibid. sec. 40. 1860, ch. 306, sec. 6. 1888, ch. 507.
41. In case the defendant, or any other person interested in
the proceedings, is not satisfied with the sufficiency of the
surety or sureties, or any one of them, or with the amount
specified in the bond aforesaid, he may, at any time before
judgment, apply to the judge of the court in which the said bond
is filed, for an order requiring the plaintiff to give additional
|
|