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The Maryland Code Public General Laws, 1904
Volume 393, Page 284   View pdf image (33K)
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284 ATTACHMENTS. [ART. 9

under the preceding section, he may at any time before judg-
ment apply to the judge of the court in which the said bond is
filed for an order requiring the petitioner- to give additional
security, notice of which application shall be given to the peti-
tioner not less than five days before the same is made; and the
said judge, if satisfied from evidence of the insufficiency of the
bond, may order or require the petitioner to give on additional
bond within such time as he shall deem proper; and in case of
refusal to comply with such order, judgment may be entered
against such petitioner to the amount of the real value of the
property levied upon, upon which execution may issue as pro-
vided by law; and said plaintiff may have an execution against
the defendant in the original attachment; provided, that but
one satisfaction of the debt or demand shall be made; and it
shall be in the discretion of the court in all such cases to dis-
pose of the matter of costs.

Turner v. Little, 69 Md. 199. Kean v Doerner, 62 Md. 475.

Attachment Before Maturity of Plaintiff's Claim.

Ibid. sec. 48. 1894, ch. 648.

50. Although the debt or obligation upon which the action is
brought may not have matured, the creditor may, nevertheless,
proceed by attachment, as heretofore provided, in the following
cases: (1) When the debtor absconds; (2) when he has
assigned, disposed of or concealed or is about to assign, dispose
of or conceal his property or some part thereof, with intent to
defraud his creditors; (3) when he is about to abscond from
this State; (4) when he has fraudulently contracted the debt or
incurred the obligation respecting which the action is brought;
or (5) when he has removed or is about to remove his property,
or some portion thereof, out of this State, with intent to defraud
Ms creditors. The date of the maturity of the debt or obliga-
tion shall be set forth in the affidavit upon which the attach-
ment is to issue, and the plaintiff shall not be entitled to judg-
ment either in the short note or in the attachment case until
after the maturity of the debt or obligation.
Johnson v. Stockham, 89 Md. 374.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 284   View pdf image (33K)
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