Legal Opinion

Stewart v. Katz

Court of Appeals of Maryland

Decided March 12, 1869PublishedCited by 14 opinions

Appeal from the Superior Court of Baltimore City. On the 30th of October, 1865, Alexander T. Stewart, Francis Warden and George Fox, the appellants, plaintiffs below, sued out of the Superior Court of Baltimore city, against the property of David Long, an attachment on original process under the Act of 1864, ch. 306. The plaintiffs were non-residents.

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Appeal from the Superior Court of Baltimore City. On the 30th of October, 1865, Alexander T. Stewart, Francis Warden and George Fox, the appellants, plaintiffs below, sued out of the Superior Court of Baltimore city, against the property of David Long, an attachment on original process under the Act of 1864, ch. 306. The plaintiffs were non-residents. The certificate of the clerk of said Court stated that Henry H. Rice, on the day above named, personally appeared before said clerk, “ on behalf of Alexander T. Stewart, Francis "Warden and George Fox, partners, trading under the name of A. T.…

1Opinion of the Court

Miller, 3\,

delivered the opinion of the Court.

On the 30th of October, 1866, the appellants sued out of the Superior Court of Baltimore city, an attachment under the Act of 1864, ch. 306, against the property and credits of David Long. The sheriff seized and took under the writ certain goods as the property of Long, and the appellee appeared and moved to quash the attachment — 1st, for defects apparent on the face of the proceedings, and 2d, because he was the owner of the property, and Long then had and now has no interest therein, or right or title thereto. The motion to quash ivas set down…

2Cases cited2 opinions

  1. Lessee of Clarke v. CourtneySupreme Court of the United States · 1831
  2. Howard v. OppenheimerCourt of Appeals of Maryland · 1866

3Cited by14 opinions

  1. McCosker & Molloy v. BanksCourt of Appeals of Maryland · 1896
  2. Union Tr. Co. of N.J. v. KnabeCourt of Appeals of Maryland · 1914
  3. Wanamaker v. BowesCourt of Appeals of Maryland · 1872
  4. Owings v. DayhoffCourt of Appeals of Maryland · 1930
  5. McMillen v. Industrial CommissionOhio Court of Appeals · 1920

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