President of the Farmers & Merchants' Bank v. Franklin Bank
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an attachment on judgment issued out of the Superior Court by the appellants, and laid in the hands of the appellee on the 11th of May, 1867. The garnishee pleaded nulla bona, on which plea issue was joined, and on the 11th May, 1868, the case was tried, and a verdict rendered in favor of the garnishee.
Read the full summary
Appeal from the Superior Court of Baltimore City. This was an attachment on judgment issued out of the Superior Court by the appellants, and laid in the hands of the appellee on the 11th of May, 1867. The garnishee pleaded nulla bona, on which plea issue was joined, and on the 11th May, 1868, the case was tried, and a verdict rendered in favor of the garnishee. The judgment on which the attachment was issued was obtained against Penn, Mitchell and Oliver, then constituting the firm of Penn & Mitchell, in April, 1864. The firm of Penn & Mitchell failed in 1861, and immediately after, Mitchell…
1Opinion of the CourtAlvey, J.
In regard to the facts upon which the prayers of both parties were based, there seems to be no dispute; and upon the hypothesis that the credit attached belonged to Mitchell and Oliver, two of the defendants in the attachment, the Court below instructed the jury that it was competent to the garnishee to appropriate such credit to the payment of a debt against the defendants, which had been contracted before, but did not fall due until after the laying of the attachment, and before trial. And in thus instructing the jury, we think the Court did not err.
*412There is nothing in the attachment law of…
2Cases cited1 opinion
- Foley v. William Mason & Son ex rel. BirckheadCourt of Appeals of Maryland · 1854
3Cited by20 opinions
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Aarons v. Pub. Ser. B. L. Assn.Supreme Court of Pennsylvania · 1935
- Hoffman Chevrolet, Inc. v. Washington County National Savings BankCourt of Appeals of Maryland · 1983
- Aarons v. Public Service Building & Loan Ass'nSupreme Court of Pennsylvania · 1935
- Bragunier Masonry Contractors, Inc. v. Catholic University of AmericaCourt of Appeals of Maryland · 2002
15 more not listed; retrieve them via the Exa API.