Legal Opinion

Bruce v. Cook

Court of Appeals of Maryland

Decided December 15, 1834PublishedCited by 8 opinions

Appeal from Baltimore county court. On the 21st of April, 1832, the appellants, Henry Bruce, and William Fisher, sued out an attachment, on the warrant of a justice of the peace, under the provisions of the-act of 1795, ch. 56, to recover the amount of two notes made by Scarborough, payable to them, each for $225 60,. dated on the 11th of October, 1831, at four and six months.

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Appeal from Baltimore county court. On the 21st of April, 1832, the appellants, Henry Bruce, and William Fisher, sued out an attachment, on the warrant of a justice of the peace, under the provisions of the-act of 1795, ch. 56, to recover the amount of two notes made by Scarborough, payable to them, each for $225 60,. dated on the 11th of October, 1831, at four and six months. The attachment issued on the affidavit of Bruce, one of the appellants, in which he is stated to be a citizen of the State of Maryland, and the money due to him and Fisher, as merchants and partners in trade; but…

1Opinion of the Court

Buchanan, Ch. J.,

delivered the opinion of the court.

This case differs from the case of Wever and Wever, vs. Baltzell and Davidson, garnishees of McCaffrey, just decided, only in this; that here, after the appearance and pleading by the garnishees, and issues joined, the attachment was quashed by the court below, on motion of the garnishees; from which judgment of the court the appeal was taken. And we can perceive nothing in the judgment to complain of, either as respects the reason assigned in the motion to quash, or the stage of the proceeding at which it was made. The reason assigned is,…

2Cited by8 opinions

  1. Coward v. DillingerCourt of Appeals of Maryland · 1881
  2. MatthewsCourt of Appeals of Maryland · 1863
  3. United States Express Co. v. HurlockCourt of Appeals of Maryland · 1913
  4. State v. WilliamsCourt of Appeals of Maryland · 1853
  5. Mears v. AdreonCourt of Appeals of Maryland · 1869

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