Legal Opinion

Graff v. Merchants & Miners Transportation Co.

Court of Appeals of Maryland

Decided June 6, 1862PublishedCited by 11 opinions

Appeal from the Superior Court of Baltimore City. Attachment on warrant, issued June 4th, 1857, at suit of the appellants, on a protested draft of L. Bernard for $600, endorsed by the plaintiffs. The writ commands the sheriff to attach the land, goods, credits, &c., of Bernard, “to the value of $602.18, current money, and cost of this attachment, according to the form of the Act of Assembly in such case made and provided,” with the usual scire facias clause.

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Appeal from the Superior Court of Baltimore City. Attachment on warrant, issued June 4th, 1857, at suit of the appellants, on a protested draft of L. Bernard for $600, endorsed by the plaintiffs. The writ commands the sheriff to attach the land, goods, credits, &c., of Bernard, “to the value of $602.18, current money, and cost of this attachment, according to the form of the Act of Assembly in such case made and provided,” with the usual scire facias clause. The return, besides “attached as per schedule,” states the writ, was laid in the hands of several other parties, and, .“also laid in the…

1Opinion of the Court

CociíBAJN, J.,

delivered the opinion of this court.

This appeal was taken from an order setting aside a fieri facias, and strikiug out a judgment obtained by the appellants in a case of attachment against L. Bernard.

From an inspection of the docket entries contained in the record, it appears that the case against the appellee, as garnishee, was docketed, and judgment of condemnation nisi entered on the 14th of September 1857, the return day of the writ; that the fieri facias was issued on the judgment so entered, on the 12th of January 1859; that the petition of the appellee *370to strike out the…

2Cases cited2 opinions

  1. Green v. HamiltonCourt of Appeals of Maryland · 1860
  2. Walters v. MunroeCourt of Appeals of Maryland · 1861

3Cited by11 opinions

  1. Phillips v. NegleySupreme Court of the United States · 1886
  2. Ayers v. Anderson-Tully Co.Supreme Court of Arkansas · 1909
  3. Craig v. WrothCourt of Appeals of Maryland · 1877
  4. Coulbourn v. FlemingCourt of Appeals of Maryland · 1893
  5. Gross v. Wood Ex Rel. WoodCourt of Appeals of Maryland · 1912

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