Anderson v. Graff
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This case arose out of au attachment on judgment. James H. Graff, on the 10th day of July, 1872, recovered against Thomas Carroll a judgment for $430.47 and costs.
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Appeal from the Superior Court of Baltimore City. This case arose out of au attachment on judgment. James H. Graff, on the 10th day of July, 1872, recovered against Thomas Carroll a judgment for $430.47 and costs. On the 13th day of June, 1873, an attachment was issued on this judgment, returnable to the second Monday in September, 1873. The writ of attachment was returned with the following endorsement: “Laid in the hands of James M. Anderson, on the 14th day of June, 1873, at 9 o’clock, A. M.; also laid in the hands of James M. Anderson, on the 9th of August, 1873, at 12.45 o’clock, P. M.,…
1Opinion of the CourtBabtol, C. J.
In our opinion the order of the Superior Court, overruling the appellant’s motion to set aside the execution, and *606strike out the judgment of condemnation in this case ought to he affirmed.
The reasons assigned in support of the motion were founded, 1st. Upon alleged defects in the writ of attachment, and irregularity in the proceedings under it, and in the issuing of execution upon the judgment; and 2nd. Upon alleged fraud or surprise practiced upon the appellant, in the service of the writ, and in entering the judgment.
1st. The writ of attachment contained a clause of scire facias, which by…
2Cases cited4 opinions
- Green v. HamiltonCourt of Appeals of Maryland · 1860
- Windwart v. AllenCourt of Appeals of Maryland · 1859
- Johnson v. LemmonCourt of Appeals of Maryland · 1873
- Freidenrich v. Moore ex rel. CampbellCourt of Appeals of Maryland · 1866
3Cited by9 opinions
- Harvey v. SlacumCourt of Appeals of Maryland · 1942
- Foxwell v. FoxwellCourt of Appeals of Maryland · 1914
- Abell v. Simon ex rel. SimonCourt of Appeals of Maryland · 1878
- Pressler v. PresslerCourt of Appeals of Maryland · 1919
- Rust v. LynchCourt of Appeals of Maryland · 1880
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