Cecil Bank v. Barry
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City : Attachment on warrant issued by the appellant against John Herr, as a non-resident debtor. The attachment was issued on the 15th day of July 1857, and was laid on the same day in the hands of Lewellyn F. Barry, as garnishee. The garnishee having appeared pleaded non assumpsit, on behalf of the defendant; and nulla bona in his own behalf. Issues were joined on replications to these pleas.
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Appeal from the Superior Court of Baltimore City : Attachment on warrant issued by the appellant against John Herr, as a non-resident debtor. The attachment was issued on the 15th day of July 1857, and was laid on the same day in the hands of Lewellyn F. Barry, as garnishee. The garnishee having appeared pleaded non assumpsit, on behalf of the defendant; and nulla bona in his own behalf. Issues were joined on replications to these pleas. Interrogatories were propounded by the plaintiff to the garnishee, and these were answered by him. The garnishee in his answer denies that he was indebted to…
1Opinion of the CourtBartol, J.
We have examined with much care, the interesting-questions presented in the briefs, and argued with great ability by counsel; and have prepared an opinion stating the conclusions we have reached upon the several points argued. But upon mature consideration we deem it unnecessary and improper, in disposing of this appeal, to go *294beyond what was actually decided by the Coui't below. The only exception taken by the appellant was, to the rejection by the Superior Court of the five prayers offered by the plaintiff below, (now appellant.) If for any reason these prayers were defective there was no…
2Cases cited3 opinions
- Thos. Wilson & Co. v. Thos. J. Carson & Co.Court of Appeals of Maryland · 1858
- Gardner v. LewisCourt of Appeals of Maryland · 1848
- Osceola Tribe, No. 11 v. RostCourt of Appeals of Maryland · 1860
3Cited by1 opinion
- Bank of China, Japan & the Straits, Ltd. v. MorseAppellate Division of the Supreme Court of the State of New York · 1899