Poe v. Associated Professors of St. Mary's College
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an attachment on warrant, commenced on the 31st January 1843, by the appellant, to recover the amount of several promissory notes of Philip MvCloskey. The warrant was laid in the hands of the appellees, who pleaded non assumpsit, by Philip, and nulla bona, as to themselves. Interrogatories and answers were filed, but they do not appear to have been used before the jury. The verdict was for the appellee.
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Appeal from Baltimore county court. This was an attachment on warrant, commenced on the 31st January 1843, by the appellant, to recover the amount of several promissory notes of Philip MvCloskey. The warrant was laid in the hands of the appellees, who pleaded non assumpsit, by Philip, and nulla bona, as to themselves. Interrogatories and answers were filed, but they do not appear to have been used before the jury. The verdict was for the appellee. At the trial of the cause, the plaintiff proved the promissory notes of the defendant filed with the attachment papers. The plaintiff then offered…
1Opinion of the CourtMagruder, J.
The judgment of the court below, in this case, must be affirmed.
The plaintiff undertook to attach as the property of his debtor, money in the hands of the agent of the garnishees, placed in his hands to pay the board, education, and other expenses of two young gentlemen, sons of the debtor, while at college. These funds were there, in consequence of an agreement several years previously made, by their father, with the college. The education was in progress at the time of the attachment levied, and was at the time of the trial still going on. Such *503was the proof, and the jury were instructed,…
2Cited by3 opinions
- Fairfax v. Savings BankCourt of Appeals of Maryland · 1938
- Baltimore & Ohio Rail Road v. WheelerCourt of Appeals of Maryland · 1862
- Farley v. ColverCourt of Appeals of Maryland · 1910