Legal Opinion

President & Directors of Franklin Bank of Baltimore v. E. G. Matthews & Co.

Court of Appeals of Maryland

Decided June 12, 1888PublishedCited by 2 opinions

Appeal from the Superior Court of Baltimore City. On the 19th of August, 1887, the Franklin Bank sued out of the Superior Court of Baltimore City, an attachment on warrant for §4,735.63, against one William Lorman Roberts, as an absconding debtor.

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Appeal from the Superior Court of Baltimore City. On the 19th of August, 1887, the Franklin Bank sued out of the Superior Court of Baltimore City, an attachment on warrant for §4,735.63, against one William Lorman Roberts, as an absconding debtor. On the same day the attachment was laid, as per schedule, on the defendant's interest in schooner “ William Lorman Roberts on the 25th of August, 1887, on his interest in schooner “Rose Esterbrooke,” and on the 22nd of August, 1887, it was laid in the hands of Thomas Shields. On the 20th of August, 1887, the plaintiff filed, a petition to the Judge…

1Opinion of the CourtAlvey, C. J.

The question in this case is a very narrow one, and is one of practice simply. Whether it was competent to the Superior Court, without invalidating the attachment proceeding, to allow the original causes of action, consisting of two notes and an open account, exhibited to the magistrate, and filed with the warrant to the clerk to issue the writ of attachment, to be withdrawn from the files of the Court, upon leaving copies thereof made by the clerk, is the only question that need be decided on this appeal. And, in view of the long existing practice in the Courts of this State, and the…

2Cited by2 opinions

  1. Johnson v. StockhamCourt of Appeals of Maryland · 1899
  2. Sanitary Grocery Co. v. SoperCourt of Appeals of Maryland · 1924

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