Trasher v. Everhart
Court of Appeals of Maryland
Appeal from Frederick County Court. On the 18th of March, 1828, the appellee, Joseph Everhart, as administrator d. b. n. with the will annexed, of Jacob Wattman, obtained a warrant for an attachment, against the lands and tenements, goods and chattels, of David Shawen and George W. Shawen, and at the time of filing the same, exhibited the following short note: “Action of assumpsit in Frederick County Court.
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Appeal from Frederick County Court. On the 18th of March, 1828, the appellee, Joseph Everhart, as administrator d. b. n. with the will annexed, of Jacob Wattman, obtained a warrant for an attachment, against the lands and tenements, goods and chattels, of David Shawen and George W. Shawen, and at the time of filing the same, exhibited the following short note: “Action of assumpsit in Frederick County Court. The plaintiff’s cause of action in this case, arises upon a joint promissory note, bearing date the seventeenth day of September, in the yearl822, whereby, two years after date, the…
1Opinion of the CourtAechee, J.
This was an attachment issued at the suit of the plaintiff, to affect the goods of the defendant, for the purpose of satisfying a debt, alleged to be due from the defendant to the plaintiff. The short note, which accompanied the capias, stated the cause of action to be a joint promissory note cf the defendants, given to the testator of the plaintiff The substance of the short note is referred to, because, according to our practice, it is substituted in this kind of proceeding for the declaration, and because the questions in this cause, grow out of the form which the short note has assumed.…
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