Matthews
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City; Attachment on warrant by the appellees against the appellants. The attachment was sued out against Samuel D. Rees, Jacob Rees and Alford Ross as partners, and as nonresident debtors, upon an. alleged claim for $5552.29. This attachment was laid in- the hands of Matthews and Zollikoffer as garnishees; they appeared as did also the defendants.
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Appeal from the Superior Court of Baltimore City; Attachment on warrant by the appellees against the appellants. The attachment was sued out against Samuel D. Rees, Jacob Rees and Alford Ross as partners, and as nonresident debtors, upon an. alleged claim for $5552.29. This attachment was laid in- the hands of Matthews and Zollikoffer as garnishees; they appeared as did also the defendants. The latter severed in defence, and the defendant Ross persisted in his defence, while the Messrs. Rees confessed judgment. The suit proceeded against the defendant Ross, who pleaded non assumpsit, and the…
1Opinion of the Court
Bartol, J,,
delivered the opinion of this Court:
The first question presented for our decision in this case, arises upon the motion in arrest of judgment; and is to be determined by an examination of the affidavit and warrant upon which the attachment was based.. Being a proceeding under the Act of Assembly, before a tribunal of special and limited jurisdiction, it must appear affirmatively on the face of the papers that the requirements of the statute have been substantially complied with, otherwise the Court granting the writ of attachment would be acting without jurisdiction and the…
2Cases cited11 opinions
- Central Bank v. CopelandCourt of Appeals of Maryland · 1862
- Glenn v. SmithCourt of Appeals of Maryland · 1830
- Wolfe v. HauverCourt of Appeals of Maryland · 1843
- Franklin Bank v. Pennsylvania, Delaware & Maryland Steam Navigation Co.Court of Appeals of Maryland · 1839
- Baltimore & Ohio Rail Road v. ResleyCourt of Appeals of Maryland · 1859
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Fraidin v. WeitzmanCourt of Special Appeals of Maryland · 1992
- Lightfoot v. PeopleMichigan Supreme Court · 1868
- Waters v. WatersCourt of Appeals of Maryland · 1872
- Northwestern National Insurance v. William G. Wetherall, Inc.Court of Appeals of Maryland · 1972
- Coward v. DillingerCourt of Appeals of Maryland · 1881
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