McLuckie v. Williams
Court of Appeals of Maryland
Appeal from the Circuit Court for Alleghany County. An attachment on original process under the Act of 1864, ch. 306, was sued out by William McLuclde against the property of David J. Williams. An attachment bond was given by McLuchie with Adam E. Hitchins as surety, and was made payable to David J. Williams, the defendant in the attachment, instead of to the State of Maryland as required by the statute.
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Appeal from the Circuit Court for Alleghany County. An attachment on original process under the Act of 1864, ch. 306, was sued out by William McLuclde against the property of David J. Williams. An attachment bond was given by McLuchie with Adam E. Hitchins as surety, and was made payable to David J. Williams, the defendant in the attachment, instead of to the State of Maryland as required by the statute. The attachment was after-wards dismissed, and suit was thereupon brought on the attachment bond by the obligee against the obligors. The defendants filed a demurrer to the declaration which…
1Opinion of the CourtBryan, J.
We are requested by the counsel in the cause to give •our opinion on two questions: Eirst, whether a suit can be maintained on a bond given to obtain an attachment on original process, when the bond is made payable to the defendant; and secondly, whether a suit can be maintained on such bond,, when the defendant in the attachment has not brought suit against the plaintiff for wrongfully suing out the attachment.
The Act of 1864, ch. 306, directs that the bond shall be made payable to the State of Maryland, and that it shall be conditioned for satisfying all costs which may be awarded to the…
2Cited by25 opinions
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- Gierman v. TomanNew Jersey Superior Court Appellate Division · 1962
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