Boarman v. Patterson
Court of Appeals of Maryland
Appeal from Baltimore County Court. This was an attachment to compel an appearance, commenced on the 15th January, 1841, on the following proofs and proceedings, to wit: “State of Maryland, city of Baltimore, to wit: Be it remcm ■ bored, that on this fifteenth day of January, in the year one thousand eight hundred and forty-one, before me, the subscri ber, a justice of the peace of the State of Maryland, in and for said city, personally appeared Fielder Israel, a citizen of…
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Appeal from Baltimore County Court. This was an attachment to compel an appearance, commenced on the 15th January, 1841, on the following proofs and proceedings, to wit: “State of Maryland, city of Baltimore, to wit: Be it remcm ■ bored, that on this fifteenth day of January, in the year one thousand eight hundred and forty-one, before me, the subscri ber, a justice of the peace of the State of Maryland, in and for said city, personally appeared Fielder Israel, a citizen of the State of Maryland, and made oath on the Holy Evangely of Almighty God, that Ignatius Boarman, late of Baltimore…
1Opinion of the CourtDorsey, J.
We cannot say the county court erred in overruling the motion, there made, to quash the attachment. The appellant never appeared, or made such motion, until after the judgment of condemnation was rendered by the court. Instead therefore of an application to quash the writ of attachment, his motion should have been first to strike out the judgment, and then to quash the attachment. Until the judgment was strick*379en out the court coulcl, with no consistency, be asked to quash the writ of attachment, upon which it was founded. But, waving this objection to the regularity of the appellant’s motion,…
2Cited by25 opinions
- Applestein v. Mayor of BaltimoreCourt of Appeals of Maryland · 1928
- Cole v. Randall Park Holding Co.Court of Appeals of Maryland · 1988
- Emerson v. Detroit Steel & Spring Co.Michigan Supreme Court · 1894
- Coward v. DillingerCourt of Appeals of Maryland · 1881
- Risewick v. DavisCourt of Appeals of Maryland · 1862
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