Wilson v. Starr
General Court of Virginia
Habeas cobpus cum causa to Baltimore county CulU U in moved for a writ of procedendo, stating that in this case there was an attachment on warrant which was laid in the hands of a garnishee, who appeared to the attachment and ° * i* i i • pleaded non assumpsit and nulla bona, and issues were joined. That at the trial court the original defendant appeared and gave special bail; the attachment was dissolved, and the present writ of habeas corpus produced and allowed.
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Habeas cobpus cum causa to Baltimore county CulU U in moved for a writ of procedendo, stating that in this case there was an attachment on warrant which was laid in the hands of a garnishee, who appeared to the attachment and ° * i* i i • pleaded non assumpsit and nulla bona, and issues were joined. That at the trial court the original defendant appeared and gave special bail; the attachment was dissolved, and the present writ of habeas corpus produced and allowed. He contended, that a pida had. been pleaded by the garnishee, for the original defendant, viz non assumpsit, and issue joined…
1Opinion of the Court
Chase, Ch. J.
This is to be considered a new ease against the original defendant. Upon bis appearance, and giving special bail, by which the attachment was dissolved, he had a right to plead for himself, and the plea put in by the garnishee could not affect him.
PROCEDENSO REFUSE».
2Cited by4 opinions
- Northwestern National Insurance v. William G. Wetherall, Inc.Court of Appeals of Maryland · 1974
- Albert v. AlbertCourt of Appeals of Maryland · 1894
- Spear v. GriffinCourt of Appeals of Maryland · 1865
- Chase v. ManhardtHigh Court of Chancery of Maryland · 1821