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Session Laws, 1962
Volume 651, Page 104   View pdf image (33K)
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104 LAWS OF MARYLAND [CH. 36

Court of Appeals, to follow immediately after Section 20 thereof
and to be under a new sub-heading "Appeals in Attachment Cases"
to read as follows:

Appeals in Attachment Cases

20A. Any party may appeal to the Court of Appeals from a de-
cision granting or denying a motion to quash a writ of attachment.

SEC. 9. And be it further enacted, That Sections 1 and 2 of Article
9 of the Code, title "Attachments", sub-title "Attachments Against
Nonresident and Absconding Debtors" be and they are hereby re-
pealed and that new Sections 1 and 2 be and they are hereby enacted
in lieu thereof, to stand in the place of the Sections repealed and to
read as follows:

1. An attachment on original process may issue against any
property or credits, whether matured or unmatured, belonging to
the debtor upon the application of any person that has the right to
become a plaintiff in an action in this State in any of the following
instances:

(a) Where the debtor is a nonresident individual or if a corpora-
tion, where the corporation (1) has not a resident agent, or (2) has
one or more resident agents and unsuccessful attempts have been
made on different business days to serve process either twice upon
one resident agent or once upon each of two resident agents.

(b) Where a resident defendant after two summonses has been
returned non est to two separate return days.

(c) Where the debtor has absconded or is about to abscond from
this State, or if an individual has removed, or is about to remove, from
his place of abode in this State with intent to defraud his creditors.

(d) Where the debtor is about to assign, dispose of, conceal or
remove his property or some portion thereof from the State with
intent to defraud his creditors, or where such debtor has done any
of such acts or fraudulently contracted the debt or incurred the
obligation respecting which the action is brought.

(e) Where an adult nonresident is entitled by descent or devise
to any land or tenement lying within this State, and the person
from whom such land or tenement descended or by whom the same
were devised was indebted to any person, an attachment may issue
against the land or tenement held by descent or devise from the
person so indebted.

2. (a) An attachment under sub-sections (a) and (c) of Section 1
of this Article may issue upon an action ex contractu, whether the
damages are liquidated or unliquidated, or upon an action ex delicto.

(b) An attachment under sub-sections (b), (d) and (e) of Section
1 of this Article may issue only upon an action ex contractu for
liquidated damages.

SEC. 10. And be it further enacted, That Section 13 of Article
9 of the Code, title "Attachments", sub-title "Attachments
Against Nonresident and Absconding Debtors"; and Section
36 of Article 9 of the Code, title "Attachments", sub-title


 

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Session Laws, 1962
Volume 651, Page 104   View pdf image (33K)
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