Poe v. Duck
Court of Appeals of Maryland
Appeal from Baltimore comity court. This was an attachment, sued out of Baltimore county court by the appellee. Duck, upon a judgment recovered by him in said court against Lientard, upon the promissory note set out in the opinion of this court. The writ was laid in the hands of Poe, as garnishee, who appeared and pleaded nut tiel record, and nulla hona of defendant in his hands, upon which issues were joined. Exception.
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Appeal from Baltimore comity court. This was an attachment, sued out of Baltimore county court by the appellee. Duck, upon a judgment recovered by him in said court against Lientard, upon the promissory note set out in the opinion of this court. The writ was laid in the hands of Poe, as garnishee, who appeared and pleaded nut tiel record, and nulla hona of defendant in his hands, upon which issues were joined. Exception. The plaintiff offered in evidence the record of the judgment upon which the attachment issued, and it was admitted that Lientard, after its recovery, to wit, on the 16th of…
1Opinion of the CourtTuck, J.
This case commenced by an attachment issued at the instance of the appellee, to affect funds in the hands of the appellant, as the trustee in insolvency of Dennis C. Lientard, a debtor of the appellee.
It appears that Duck, in May 1849, recovered judgment in Baltimore county court against Lientard, on the ^following promissory note:
“Baltimore, Sept. 14, 1848.
Three months after date I promise to pay Levi Duck, or order, one hundred and eight dollars, and ten cents, for value rec’d. Dennis C. Lientard.”
That at the date of the note, up to and at the time of the trial, Duck was a citizen of…
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