Shivers v. Wilson
Court of Appeals of Maryland
Appeal from Baltimore county court. The plaintiff in court below, (the present appellant,) in order to obtain an attachment under the act of 1795, ch. 56, exhibited to the clerk of that court the following affidavit, to wit: “State of Maryland, Baltimore coúnty, set.
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Appeal from Baltimore county court. The plaintiff in court below, (the present appellant,) in order to obtain an attachment under the act of 1795, ch. 56, exhibited to the clerk of that court the following affidavit, to wit: “State of Maryland, Baltimore coúnty, set. Re it remembered, that on the 27th day of April, in the year 1816, before me, the subscriber, a justice of the peace for Baltimore county aforesaid, personally appeared Thomas Shivers, a ^ A j j i citizen of the United States, and made oath that William ° . Walker, James Collins and Jared Chesnut, not being citi0 zeas 0f t]le…
1Opinion of the CourtJohnson, J.
at this term, delivered the opinion of the court.' In this case it has been determined by Baltimore county court, that on the plea of non assumpsit by a garnishee, it was incumbent on the plaintiff, before he could recover, to produce evidence to the jury, that he was a citizen of this state, or of some other of the United States. No such proof was exhibited, and the garnishee sustained his defence.
On the part of the appellant it is contended, that, as the' court before whom the cause was depending had ‘a general, and not a limited' jurisdiction, over the matter in contest, no advantage could…
2Cited by8 opinions
- Risewick v. DavisCourt of Appeals of Maryland · 1862
- MatthewsCourt of Appeals of Maryland · 1863
- M'Kim v. MasonHigh Court of Chancery of Maryland · 1852
- Evesson v. SelbyCourt of Appeals of Maryland · 1870
- Gill v. Physicians & Surgeons BuildingCourt of Appeals of Maryland · 1927
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