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The Maryland Code Public General Laws, 1904
Volume 393, Page 283   View pdf image (33K)
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ART. 9] CLAIMANTS OF PROPERTY. 283

said city or county, and the service of any writ and the posting
of any short note, wherever a writ of attachment may have
been or shall be served and the short note set up in manner as
herein provided, shall be valid, and said writs of attachment
shall be returned to the courts whence they are issued as other
writs are required to be returned.

Claimants of Property.

1888, art. 9, sec. 45. 1876, ch. 285. 1888, ch. 507. 1892, ch. 507.

47. Whenever an attachment or execution shall be levied
upon any personal property, goods or chattels, which may be
claimed by a person or corporation other than the defendant in
such attachment or execution, such person or corporation may
file a petition, under oath, with the court before whom such
attachment or execution is returnable, setting forth clearly the
character and origin of his, her or its claim to the property so
levied upon, and thereupon it shall be the duty of the clerk to
docket a suit against both the plaintiff and defendant in such
attachment or execution and issue a summons directed to said
plaintiff and defendant, giving notice of such claim and return-
able to the next succeeding rule day or term of said court. If
such claimant shall establish the validity of his, her or its claim
to said property, costs shall be awarded to said claimant, and
said claimant shall also be entitled to recover damages in such
suit for the wrong and injury done to him, her or it by reason
of such seizure and detention of his, her or its property.

Hall v. Richardson, 21 Md. 405. Howard v. Oppenheimer, 25 Md. 365.
Turner v. Lytle, 59 Md. 199. Kean v. Doerner, 62 Md. 475.

Ibid. sec. 46. 1876, ch. 285. 1888, ch. 507. 1900, ch. 697. 1902, ch. 324.

48. The property attached shall be discharged from the
levy and surrendered to such claimant upon the filing of a bond
by or on behalf of such claimant in a penalty equal to double
the value of the property as ascertained by an appraisement
thereof to be made by the sheriff at the time of the levy, to be
approved of by the clerk and conditioned for satisfying all costs
and such damages not exceeding the real value of the property
attached as the plaintiff shall recover in case said claimant
shall fail to establish his claim.

Turner v. Lytle, 59 Md. 199. Kean v Doerner, 62 Md. 475.

1888, art. 9, sec. 47. 1876, ch. 285. 1888, ch. 507.

49. In case the plaintiff in such attachment is not satisfied
with the sufficiency of the surety or sureties in the bond taken.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 283   View pdf image (33K)
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