Risewick v. Davis
Court of Appeals of Maryland
Appeal from the Circuit Court for Harford county. This is a case of an attachment on warrant, issued May the 2nd, 1854, by the appellant, to bind the property and effects-of James ForWood. The attachment was laid in the hands-of George Davis, who appeared and pleaded three pleas, two of which were ruled bad on demurrer.
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Appeal from the Circuit Court for Harford county. This is a case of an attachment on warrant, issued May the 2nd, 1854, by the appellant, to bind the property and effects-of James ForWood. The attachment was laid in the hands-of George Davis, who appeared and pleaded three pleas, two of which were ruled bad on demurrer. To the third plea, which was that Forwood was a citizen off Maryland, and not liable to attachment, issue was taken, aind joinder.The case was tried the 18th of November 1858. 1st Exception.—At the trial of the cause, the defendant proved1 that in 1847,- James Forwood was a…
1Opinion of the Court
.Bowie, 0. J.,
delivered the opinion of this Court:
Our jurists differ in tlieir views of the policy of the process by attachment. In the earlier decisions, it is said to be only a process to compel the appearance of the defendant, not derogatory to, but rather in mitigation of, the severity of the common Jaw process of attachment, and distress infinite and outlawry, which was attended with forfeiture of goods. Vide Barney vs. Patterson, 6 H. & J., 182.
In the more recent opinions, it is declared, the design of these laws is to protect our own citizens from summary proceedings, as well as to…
2Cases cited8 opinions
- Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
- In re ThompsonNew York Supreme Court · 1828
- Barney v. Patterson's LesseeCourt of Appeals of Maryland · 1824
- Boarman v. PattersonCourt of Appeals of Maryland · 1843
- Baldwin ex rel. Owens v. WrightCourt of Appeals of Maryland · 1845
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3Cited by21 opinions
- Hollander v. Central Metal & Supply Co.Court of Appeals of Maryland · 1908
- Dinneen v. RiderCourt of Appeals of Maryland · 1927
- Dorsey v. KyleCourt of Appeals of Maryland · 1869
- Lawson v. AdlardSupreme Court of Minnesota · 1891
- Alston v. NewcomerMississippi Supreme Court · 1868
16 more not listed; retrieve them via the Exa API.