Stone v. Magruder
Court of Appeals of Maryland
Appeal from Prince George’s County Court. This was a proceeding by attachment, commenced on the' 8th May 1837, by the appellants, to compel the appearance of Eleanor Berry a non-resident debtor. The plaintiffs filed an affidavit of their debt, &c., and a warrant of attachment was issued on the same day by the clerk of Prince George’s county court.
Read the full summary
Appeal from Prince George’s County Court. This was a proceeding by attachment, commenced on the' 8th May 1837, by the appellants, to compel the appearance of Eleanor Berry a non-resident debtor. The plaintiffs filed an affidavit of their debt, &c., and a warrant of attachment was issued on the same day by the clerk of Prince George’s county court. On the 28th June 1837, a writ of capias ad respondendum, and short note of the plaintiff’s claim were issued, and sent to the sheriff. The attachment was laid in the hands of the appellees, who appeared as garnishees. The short note ■was set up at…
1Opinion of the CourtArcher, J.
The court below on motion of the garnishees, quashed the attachment issued in this case.
Several matters have been adverted to as irregularities in the proceedings, all of which it is not necessary for us to examine, but we shall advert only to one, which we consider as clearly fatal to the attachment.
It appears from the record that the attachment issued on the 8th day of May 1837, that no capias was issued against the defendant until the 28th of June 1837; and that the short note on the same day was made, and sent with the writ to the sheriff, to be set up at the court house door.
The act of…
2Cited by11 opinions
- Cole v. Randall Park Holding Co.Court of Appeals of Maryland · 1988
- Lambden v. BowieCourt of Appeals of Maryland · 1852
- Howard v. OppenheimerCourt of Appeals of Maryland · 1866
- Barr v. PerryCourt of Appeals of Maryland · 1845
- Young v. Progressive Casualty InsuranceCourt of Special Appeals of Maryland · 1996
6 more not listed; retrieve them via the Exa API.