Legal Opinion

Hoffman v. Reed

Court of Appeals of Maryland

Decided January 13, 1882PublishedCited by 2 opinions

Appeal from the Superior Court of Baltimore City. On the 14th July, 1879, John A. Reed, filed his petition in the Court below, for process of attachment under Art. 45, sec. 7, of the Code, against the property of Christiana B. Hoffman, wife of John O. Hoffman; in which petition he alleged, that while the said Christiana B. Hoffman was conducting business in her own name, as a feme sole, she became indebted to the petitioner in the sum of two hundred dollars, for professional…

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Appeal from the Superior Court of Baltimore City. On the 14th July, 1879, John A. Reed, filed his petition in the Court below, for process of attachment under Art. 45, sec. 7, of the Code, against the property of Christiana B. Hoffman, wife of John O. Hoffman; in which petition he alleged, that while the said Christiana B. Hoffman was conducting business in her own name, as a feme sole, she became indebted to the petitioner in the sum of two hundred dollars, for professional services, by agreement rendered by him to said Christiana B. Hoffman, and for cash money laid out and advanced for her…

1Opinion of the CourtAlvey, J.

This is a proceeding by attachment, taken under section 7 of Art. 45 of the Code, to affect the property of a married woman. The Code authorizes the proceeding, “upon petition and proof of claim, according to the circumstances of each case.” The proceeding is purely one in rem, no *374personal judgment being contemplated by tbe statute; and hence no summons is required to be issued to the party whose property is sought to be affected. Brent vs. Taylor & Marks, 6 Md., 58. The only notice required to be given, apart from the seizure of the property, or the notice to the garnishee, is the putting up…

2Cases cited6 opinions

  1. Boarman v. PattersonCourt of Appeals of Maryland · 1843
  2. Hall v. HolmesCourt of Appeals of Maryland · 1869
  3. Bend v. Susquehanna Bridge & Bank Co.Court of Appeals of Maryland · 1823
  4. Cox v. WatersCourt of Appeals of Maryland · 1870
  5. Brent v. TaylorCourt of Appeals of Maryland · 1854

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3Cited by2 opinions

  1. Thillman v. ShadrickCourt of Appeals of Maryland · 1888
  2. Burk v. TinsleyCourt of Appeals of Maryland · 1894

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