Cox v. Waters
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This is an appeal from an order of the Court below overruling a motion to quash the attachment issued at the suit of the appellee against the goods, &c., of De Witt C. Cary. The motion to quash Avas made by a claimant of the property attached under a subsequent attachment.
1Opinion of the CourtBartol, C. J.
The motion to quash the attachment in this case, is based upon the alleged reason “that a sufficient voucher or account is not annexed to the affidavit.”
The account is as follows :
“Baltimore, June 29th, 1870.
“De Witt C. Cary,
“Dr. to Jas. S. Waters.
“To cash loaned him at sundry times on call, . . $7,500”
Ho objection is made to the affidavit, it is in due form as prescribed by the Code, Article 10, section 4. That section also requires that “ the creditor shall produce the bond, account or other evidences of debt, by which the said debtor is so indebted.”
In this case it does not appear that the…
2Cases cited1 opinion
- Stewart v. KatzCourt of Appeals of Maryland · 1869
3Cited by7 opinions
- Steuart v. ChappellCourt of Appeals of Maryland · 1904
- Thillman v. ShadrickCourt of Appeals of Maryland · 1888
- Morgan v. TootCourt of Appeals of Maryland · 1944
- Summers v. OberndorfCourt of Appeals of Maryland · 1891
- Hoffman v. ReedCourt of Appeals of Maryland · 1882
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