Sangston v. Gaither
Court of Appeals of Maryland
Appear from Baltimore county court. This was an attachment on warrant, issued at the instance of the appellee, on the 17th of April 1848, to affect the lands, tenements, goods, chattels and credits of George W. Philips, a non-resident debtor. This attachment was laid in the hands of Lawrence Sangston, who appeared as garnishee and pleaded non assumpsit on behalf of Philips, and nulla bona of Philips in his hands, on which pleas issues were joined.
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Appear from Baltimore county court. This was an attachment on warrant, issued at the instance of the appellee, on the 17th of April 1848, to affect the lands, tenements, goods, chattels and credits of George W. Philips, a non-resident debtor. This attachment was laid in the hands of Lawrence Sangston, who appeared as garnishee and pleaded non assumpsit on behalf of Philips, and nulla bona of Philips in his hands, on which pleas issues were joined. A verdict was taken for the appellee by consent, subject to the opinion of the court on a case stated. The facts admitted by this statement are…
1Opinion of the CourtTuck, J.
This case began by attachment issued out of Baltimore county court, on the 17th April 1848, at the suit of the appellee, Gaither, to recover the sum of $638.20, due him by G. W. Phillips, a non-resident debtor. The original defendant did not appear to the action. But the attachment was served on the appellant, Sangston, as garnishee, who appeared and defended it; and the case went to trial on the issues joined on the said garnishee’s pleas, of non-assumpsit and nulla bona. Upon these issues a verdict was taken, by consent, in favor of the appellee, for the full amount of his claim, subject to…
2Cases cited13 opinions
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Austin v. BellNew York Supreme Court · 1823
- Seaving v. BrinkerhoffNew York Court of Chancery · 1821
- Gardner v. LewisCourt of Appeals of Maryland · 1848
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3Cited by12 opinions
- Donoho v. Fish Bros. & Co.Texas Supreme Court · 1882
- Inloes v. American Exchange BankCourt of Appeals of Maryland · 1857
- Malcolm v. HodgesCourt of Appeals of Maryland · 1855
- Whedbee v. StewartCourt of Appeals of Maryland · 1874
- Dawson v. WaltemeyerCourt of Appeals of Maryland · 1900
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