Ruby v. Delta Mining Co.

OLSZEWSKI, Judge.

On July 31, 1992, a $25,413.66 judgment was entered against Delta Mining Company (Delta) in the Allegany County Circuit Court in Maryland. This judgment, in favor of Marshall Ruby & Sons (Ruby), made final a default judgment in the same amount which Ruby obtained after Delta failed to pay Ruby for certain heavy equipment repair services.

In order to satisfy the judgment, Ruby attempted to execute upon several pieces of construction equipment including, inter alia, a Pettibone L-50 hydraulic crane which was in the possession of the Brenlee Corporation (Brenlee). Ruby alleged…