Farmers' Bank v. Beaston
Court of Appeals of Maryland
Appeal from Cecil county court. On the 24th of September, 1830, the appellant issued an attachment on judgment, against the Ellcton Bank of Maryland, rendered by the Cecil county court, at its April term, 1830. The writ was returnable to the following October term of the court, when the sheriff returned, that he had, in virtue thereof, attached $500 in the hands of the appellee Beaston, and summoned him as garnishee.
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Appeal from Cecil county court. On the 24th of September, 1830, the appellant issued an attachment on judgment, against the Ellcton Bank of Maryland, rendered by the Cecil county court, at its April term, 1830. The writ was returnable to the following October term of the court, when the sheriff returned, that he had, in virtue thereof, attached $500 in the hands of the appellee Beaston, and summoned him as garnishee. He appeared by counsel, and at April term, 1834, the case was submitted to the county court upon the following statement of facts. “ It is agreed in this case, that in 1828, The…
1Opinion of the CourtArcher, Judge
Exemption is claimed by the defendant from the operation of the attachment in this case.
Having had judgment of condemnation passed against him, for the amount he stood indebted to the Elkton Bank of *425Maryland, at the suit of the United States, and having paid the money under such judgment; he rests his defence upon an alleged priority, given by the acts of Congress to the government, and upon certain proceedings of the government, had in the Circuit court of the United States for the district of Maryland, for the recovery of her claim against the Elkton Bank of Maryland.
The priority of the…
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