Lambden v. Bowie
Court of Appeals of Maryland
This was an attachment by the appellant under the act of 17&5, ch. 56, to aflect the property of the appellee as a nonresident, issued on the 24th of May 1851. The cause of action was a draft by the appellee in favor of the appellant, for $87, dated 1st of June 1848, with interest from- date.
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This was an attachment by the appellant under the act of 17&5, ch. 56, to aflect the property of the appellee as a nonresident, issued on the 24th of May 1851. The cause of action was a draft by the appellee in favor of the appellant, for $87, dated 1st of June 1848, with interest from- date. The affidavit of the plaintiff before the j'ustice, after the usual averments of indebtedness, &c., states, “that she is credibly informed and verily believes, that the said Hamilton Bowie is not a citizen of the State of Maryland, and doth not reside therein,” The attachment was levied upon the interest…
1Opinion of the Court
Ecclestoií, J.,
delivered the opinion of the court.
In this attachment under the act of 1795, ch. 56, an ex-porte affidavit was filed, for the purpose of proving that the defendant was a resident of Maryland, at the time the writ *338issued, and thereupon, a motion was made, by counsel for the defendant, to quash the proceedings. Without further proof, the attachment was quashed, and from this decision of the court, the present appeal was taken.
In Campbell vs. Morris, 3 H. & McH., 553, it was held, that on a motion to quash, “evidence dehors or extrinsic the proceeding, may be resorted to in order…
2Cases cited3 opinions
- Barr v. PerryCourt of Appeals of Maryland · 1845
- Stone v. MagruderCourt of Appeals of Maryland · 1839
- Ranahan v. O'NealeCourt of Appeals of Maryland · 1834
3Cited by18 opinions
- Cole v. Randall Park Holding Co.Court of Appeals of Maryland · 1988
- Gittings v. State ex rel. OckermeCourt of Appeals of Maryland · 1871
- Union Tr. Co. of N.J. v. KnabeCourt of Appeals of Maryland · 1914
- Howard v. OppenheimerCourt of Appeals of Maryland · 1866
- Philbin v. ThurnCourt of Appeals of Maryland · 1906
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