Mattingly v. Grimes
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince George’s County, in Equity. This appeal was taken from the order of the Court below, dismissing the petition of the appellant and directing the fund in question to he paid to the appellee. The case is stated in the opinion of the Court.
1Opinion of the CourtMiller, J.
The principles settled in Early vs. Dorsett, Harris & Co., 45 Md., 462, and by previous decisions on the same subject, cannot be applied in the present case. Here the entire proceeds of sale had been paid into Court under an order to that effect, and deposited in bank to the credit of the cause before the attachment was laid in the hands of the trustee. In that state of case it is clear these funds were not liable to the process of attachment. Nor does the record disclose such a condition of things as would authorize the Court to retain the fund until the validity of the assignment by Suit to…
2Cases cited2 opinions
- Early v. Dorsett, Harris & Co.Court of Appeals of Maryland · 1877
- Baltzell v. FossCourt of Appeals of Maryland · 1827
3Cited by3 opinions
- Security State Bank v. McIntyreMontana Supreme Court · 1924
- Dale v. BrumblyCourt of Appeals of Maryland · 1904
- Allen v. GerardSupreme Court of Rhode Island · 1899