Burk v. Tinsley
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an attachment against a non-resident, upon the account set forth in the opinion of the Court. After a confession of assets in the hands of the garnishee, and a judgment of condemnation, certain claimants of the credits attached moved to strike out the judgment (at the same term of Court) ; and the defendant moved to strike out the judgment and quash to the attachment.
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Appeal from the Superior Court of Baltimore City. This was an attachment against a non-resident, upon the account set forth in the opinion of the Court. After a confession of assets in the hands of the garnishee, and a judgment of condemnation, certain claimants of the credits attached moved to strike out the judgment (at the same term of Court) ; and the defendant moved to strike out the judgment and quash to the attachment. From the order of the Court (Ritchie, J.}, granting the motion of the defendant on the ground of the insufficiency of the voucher, the plaintiff appealed.
1Opinion of the CourtPage, J.
This appeal is from the order of the Court below, striking out the judgment of condemnation and quashing the attachment. The order of the Court is, “ that the judgment of condemnation in this case be and it is hereby stricken out, and the writ of attachment be and hereby is quashed, on the ground of the insufficiency of the voucher, provided the defendant enters his appearance to the short note case.” The voucher, thus declared by the Court to be insufficient, is as follows:
Philadelphia, Oct. 17th, 1892.
S. L. Tinsley,
Dr.
Wm. Burk & Bro.
Dr.
Oct. 12. Cash........................... 1,978 50
Cr.
29,0…
2Cases cited4 opinions
- Bartlett v. WilburCourt of Appeals of Maryland · 1880
- Stewart v. KatzCourt of Appeals of Maryland · 1869
- Thillman v. ShadrickCourt of Appeals of Maryland · 1888
- Hoffman v. ReedCourt of Appeals of Maryland · 1882
3Cited by5 opinions
- Mueller v. MichaelsCourt of Appeals of Maryland · 1905
- Warfield v. StateCourt of Appeals of Maryland · 1911
- Stabile v. DaniniCourt of Appeals of Maryland · 1918
- Hedrick v. MarkhamCourt of Appeals of Maryland · 1918
- Sullivan Bros. Coal Co. v. SimpsonBaltimore City Court · 1924