Barr v. Perry
Court of Appeals of Maryland
Appeal from Washington county court This was an attachment, sued out on the 14th January" 1843, upon two promissory notes of Alfred Cline, payable to the appellee, and upon an account for money, lent to said CUne by him.
Read the full summary
Appeal from Washington county court This was an attachment, sued out on the 14th January" 1843, upon two promissory notes of Alfred Cline, payable to the appellee, and upon an account for money, lent to said CUne by him. The affidavit declared, that “ Charles M. Perry did also make oath, that he is credibly informed, and verily believes, that the said Alfred Cline is not a citizen of the State of Maryland, and doth not reside therein. ” An attachment was awarded and issued, and returned, “levied upon the credits of Cline, in the hands of the appellant, to amount of,” &c. The garnishee…
1Opinion of the CourtMagruder, J.
In deciding the questions which arise in this case, it is to be assumed, that the defendant in error, is a citizen of Maryland, Being so, the act of Assembly, 1795, ch. 56, authorises him to proceed, by attachment, against any person bona fide indebted to him, who is not a citizen of the State, and doth not reside therein. It also prescribes the form of proceeding.
'The affidavit upon which the attachment in this case was issued, states, that the defendant in error, is credibly informed, and verily believes, “that his debtor, A. Cline, is not a citizen of the State, and does not reside…
2Cases cited5 opinions
- Dawson v. John A. Brown & Co.Court of Appeals of Maryland · 1841
- Stone v. MagruderCourt of Appeals of Maryland · 1839
- Sasscer v. YoungCourt of Appeals of Maryland · 1834
- Mandeville v. JarrettCourt of Appeals of Maryland · 1825
- Yerby v. LacklandCourt of Appeals of Maryland · 1825
3Cited by14 opinions
- Cockey v. Milne's lesseeCourt of Appeals of Maryland · 1860
- Risewick v. DavisCourt of Appeals of Maryland · 1862
- Dumay v. SanchezCourt of Appeals of Maryland · 1889
- Lambden v. BowieCourt of Appeals of Maryland · 1852
- Howard v. OppenheimerCourt of Appeals of Maryland · 1866
9 more not listed; retrieve them via the Exa API.