Field v. Adreon
Court of Appeals of Maryland
Appeal from the Court of Common Pleas for Baltimore city. This was an attachment on warrant procured by the appellants, and issued on the 17th of November 1S51, out of the Superior Court for Baltimore city, against James Kennedy, as an absconding debtor; and on the same day laid in the hands of the appellees, as garnishees, who appeared and plead “non assumpsit” for Kennedy and “nulla bona” for themselves.
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Appeal from the Court of Common Pleas for Baltimore city. This was an attachment on warrant procured by the appellants, and issued on the 17th of November 1S51, out of the Superior Court for Baltimore city, against James Kennedy, as an absconding debtor; and on the same day laid in the hands of the appellees, as garnishees, who appeared and plead “non assumpsit” for Kennedy and “nulla bona” for themselves. The affidavit of the plaintiffs to their account before the magistrate states, that Kennedy “ was a citizen of the State of Maryland at the time” the debt due them was contracted, and…
1Opinion of the CourtMason, J.
In the present instance the affidavit being in due form, and according to the requirements of the acts of Assembly, makes a *213prima facie case in favor of the plaintiffs, and entitles (hem to their attachment, against (he defendant, as an absconding' debtor. The garnishees in this action seek lo rebut the prima facie case thus made, by showing, that at the time the defendant, absconded he was not a citizen of this State; and it is ingeniously argued, that if the case is embraced at all within the operation of the attachment law, it must fall under that branch which provides a remedy against…
2Cited by15 opinions
- Fouke v. FlemingCourt of Appeals of Maryland · 1859
- Keerl v. KeerlCourt of Appeals of Maryland · 1871
- Crosse v. Board of Supervisors of Elections of Baltimore CityCourt of Appeals of Maryland · 1966
- In re WehlitzWisconsin Supreme Court · 1863
- Smith v. JohnsonNebraska Supreme Court · 1895
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