Ginsberg v. Pohl
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception — The defendants offered five prayers, the first of which was conceded, the third, fourth and fifth were granted, and the second, as follows, was rejected: If the jury shall find that the goods and chattels mentioned and specified in the schedule offered in evidence in this cause by the plaintiff, were at the time of the levy under the attachment issued at the suit of the…
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Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception — The defendants offered five prayers, the first of which was conceded, the third, fourth and fifth were granted, and the second, as follows, was rejected: If the jury shall find that the goods and chattels mentioned and specified in the schedule offered in evidence in this cause by the plaintiff, were at the time of the levy under the attachment issued at the suit of the defendants, actually in the custody, or in the possession and under the control of the sheriff of Baltimore city, by virtue of…
1Opinion of the CourtRobinson, J.
This is an action of trespass de bonis asporfatis, for the seizure by the appellants, of the goods and chattels of the appellee, under a writ of attachment issued against her husband.
The appellants, defendants below, contend that at the time of the service of their writ, the goods and chattels of the ap*507pollec were in the possession of the officer, under prior attachments, issued by other creditors against the husband, and being thus in the custody of the law, the appellee has no right to bring an action of trespass for the alleged seizure of the same property under a subsequent attachment.
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2Cases cited3 opinions
- Thompson v. ButtonNew York Supreme Court · 1817
- Clark v. SkinnerNew York Supreme Court · 1823
- Cromwell v. OwingsCourt of Appeals of Maryland · 1826
3Cited by7 opinions
- Western National Bank v. National Union BankCourt of Appeals of Maryland · 1900
- Outerbridge Horsey Co. v. MartinCourt of Appeals of Maryland · 1923
- Riethmann v. GodsmanSupreme Court of Colorado · 1896
- First Nat'l Bk. v. Corp. Comm.Court of Appeals of Maryland · 1932
- Harmon v. McRaeSupreme Court of Alabama · 1890
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