Legal Opinion

Green v. Early

Court of Appeals of Maryland

Decided January 16, 1874PublishedCited by 16 opinions

Appeal from the Circuit Court- for Prince George’s County. The judgment on which this attachment was founded, was recovered against Joseph N. Baden, and another in Calvert County at the February Term, 1870; the attachment was issued on the 28th of May, 1870, directed to the sheriff of Prince George’s County, and filed in the Circuit Court thereof, on the 31st of May.

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Appeal from the Circuit Court- for Prince George’s County. The judgment on which this attachment was founded, was recovered against Joseph N. Baden, and another in Calvert County at the February Term, 1870; the attachment was issued on the 28th of May, 1870, directed to the sheriff of Prince George’s County, and filed in the Circuit Court thereof, on the 31st of May. Joseph N. Baden, by deed in which his wife joined, conveyed his lands in Prince George’s County to Townshend on the 2nd of May, 1870. The simultaneous mortgage and single bills for the unpaid purchase money were made payable to…

1Opinion of the Court

Alvey, J.,

delivered the opinion of the Court. •By the return to the attachment, Early is made a garnishee with Townshend, whereas, he should have intervened simply as claimant, if he desired to contest the plaintiff’s right of condemnation. He is not the party in whose hands the credits are found, but is the party claiming them to be due from Townshend to himself, and *228therefore he insists that they are not liable to be attached and condemned for the payment of the plaintiff’s judgment against Baden. Townshend, the debtor, is the only proper garnishee, according to the facts of the case, and…

2Cases cited1 opinion

  1. Price v. McDonaldCourt of Appeals of Maryland · 1851

3Cited by16 opinions

  1. Milholland v. TiffanyCourt of Appeals of Maryland · 1886
  2. Central Trust Co. v. Arctic Ice Machine Manufacturing Co.Court of Appeals of Maryland · 1893
  3. Louis K. Liggett Co. v. RoseCourt of Appeals of Maryland · 1927
  4. Van Bibber v. ReeseCourt of Appeals of Maryland · 1889
  5. Western Maryland Dairy, Inc. v. Maryland Wrecking & Equipment Co.Court of Appeals of Maryland · 1924

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