Corner v. Mallory
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. A foreign attachment is not mesne process. It is original. The attachment is the principal, and the writ of summons, representing the old capias, ancillary. The judgment upon the summons is only a judgment for the purposes of the attachment, and is incapable of operating as a judgment in personam. The common trustee process of New England, which gave rise to much litigation under the Bankrupt Act of 1841, is quite different.
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Appeal from the Court of Common Pleas. A foreign attachment is not mesne process. It is original. The attachment is the principal, and the writ of summons, representing the old capias, ancillary. The judgment upon the summons is only a judgment for the purposes of the attachment, and is incapable of operating as a judgment in personam. The common trustee process of New England, which gave rise to much litigation under the Bankrupt Act of 1841, is quite different. There the action in personam against the defendant is principal, and the attachment ancillary. In Ex parte Foster, 2 Story, 140,…
1Opinion of the CourtAlvey, J.
This was an attachment on warrant, against a non-resi*472dent debtor, issued on the 11th day of April, 1867, and laid in the hands of several garnishees on the day after.
The garnishees appeared, on the return of the attachment, and pleaded “ nulla bona ” for themselves, and for the defendant, that he was never indebted, as alleged.
At the January Term thereafter, the appellee filed in the cause a claim to the property attached, and a motion to dissolve the attachment, upon the ground that on the 2d of July, 1867, and within four months after the attachment was issued, and within four months after…
2Cases cited2 opinions
- Hutchins v. TaylorU.S. Circuit Court for the District of Rhode Island · 1842
- Curtis v. BarnumSupreme Court of Connecticut · 1856
3Cited by3 opinions
- Crook Horner Co. v. GilpinCourt of Appeals of Maryland · 1910
- In re LilienthalCourt of Appeals for the Ninth Circuit · 1919
- International Shoe Co. v. RubinsCourt of Appeals for the Seventh Circuit · 1934