Browning v. Pasquay
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. An attachment was issued under the Act of 1864, ch. 306, by the appellant against Christian Pasquay, surviving partner of Charles Gemundt and -Pasquay, trading as Pas-quay & Gemundt, and laid in the hands of John M. Frazier, who appeared and entered a plea of non assumpsit in behalf of the defendant, and a plea of nulla bona for the garnishee. Frazier died, and his executors were made parties.
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Appeal from the Superior Court of Baltimore City. An attachment was issued under the Act of 1864, ch. 306, by the appellant against Christian Pasquay, surviving partner of Charles Gemundt and -Pasquay, trading as Pas-quay & Gemundt, and laid in the hands of John M. Frazier, who appeared and entered a plea of non assumpsit in behalf of the defendant, and a plea of nulla bona for the garnishee. Frazier died, and his executors were made parties. They moved to quash the attachment, and assigned several reasons in support of the motion. The Court (Dobbin, J.,) passed an order quashing the…
1Opinion of the CourtGrason, J.
The appellant obtained an attachment under the Act of 1864, chap. 306, which was laid in the hands of John M. *295Frazier, and lie having afterwards died, his executors filed a motion to quash, and assigned several reasons therefor, which it is not necessary to pass upon, as the proceedings are fatally defective in another respect. The cause of action set out in the attachment is in the nature of a promissory note, bearing date the first day of June, 1864, for the payment of five thousand dollars on the first day of June, 1869, with legal interest payable semi-annually. The short note describes…
2Cases cited1 opinion
- Dean v. OppenheimerCourt of Appeals of Maryland · 1866
3Cited by2 opinions
- Third Nat. Bank of Baltimore v. TealU.S. Circuit Court for the District of Maryland · 1881
- De Bebian v. GolaCourt of Appeals of Maryland · 1885