Peters v. Cunningham
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an attachment, issued at the instance of the appellant, upon a judgment for $440.13, recovered by him in the Court of Common Pleas, against Perry and Brigham, and laid in the hands of the appellee, as garnishee, who appeared and pleaded nul tiel record and nulla boña. The first plea was.decided by the court in favor of the plaintiff; upon the second issue was joined, and the case tried before a jury. 1st Exception.
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Appeal from the Court of Common Pleas. This was an attachment, issued at the instance of the appellant, upon a judgment for $440.13, recovered by him in the Court of Common Pleas, against Perry and Brigham, and laid in the hands of the appellee, as garnishee, who appeared and pleaded nul tiel record and nulla boña. The first plea was.decided by the court in favor of the plaintiff; upon the second issue was joined, and the case tried before a jury. 1st Exception. Interrogatories had been filed by the plaintiff, under the act of 1795, ch. 56, sec. 5, and answered by the garnishee. The fifth of…
1Opinion of the CourtLe Grand, C. J.
We do not consider it necessary to decide all the questions pronounced upon by the court below, because, in any aspect of the case, we think the judgment ought to stand.
The case is simply this: The plaintiff established his claim against the defendants; and, also, that the garnishee, by a deed of trust executed to him by the defendants, came into the possession of the proceeds of the sales of certain property. The deed is admitted to be void, therefore, the only question practically of importance involved in this controversy is: whether the pláintiff be entitled to a condemnation in the hands…
2Cited by2 opinions
- International Bedding Co. v. Terminal Warehouse Co.Court of Appeals of Maryland · 1924
- Black v. Mayor of BaltimoreCourt of Appeals of Maryland · 1879