Legal Opinion

Turner v. Lytle

Court of Appeals of Maryland

Decided December 21, 1882PublishedCited by 8 opinions

Appeal from the. Circuit Court for Harford County. The appellant in this case held a judgment against John M, Hopkins, upon which he caused an attachment to be issued, by virtue of which certain goods, in the hands of a third party, were seized by the sheriff. The appellee filed a petition under-oath stating that he was the owner of the goods, and claimed the same as his property.

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Appeal from the. Circuit Court for Harford County. The appellant in this case held a judgment against John M, Hopkins, upon which he caused an attachment to be issued, by virtue of which certain goods, in the hands of a third party, were seized by the sheriff. The appellee filed a petition under-oath stating that he was the owner of the goods, and claimed the same as his property. A bond was given by him, which was approved by the Court, and the property seized was discharged from the attachment. As prayed in the petition, a suit was docketed, and summons was issued, as required by the Act of…

1Opinion of the CourtIrving, J.

The decision of this case depends upon the construction and effect, of the Act of 1876, chapter 285. By that Act three additional sections are added to Article ten of the Code, title “Attachments,” under the subtitle “ Claimants of property.” The first section of that Act provides, that “In all attachments, and writs of execution whenever the same shall he levied Upon any personal property, goods or chattels, which are claimed by a person or persons, or cor*202poration, other than the defendant or defendants in said attachment or writ of execution, such person or persons or corporation may file a…

2Cases cited3 opinions

  1. Richardson v. HallCourt of Appeals of Maryland · 1864
  2. Ranahan v. O'NealeCourt of Appeals of Maryland · 1834
  3. Trieber v. BlocherCourt of Appeals of Maryland · 1856

3Cited by8 opinions

  1. William J. Lemp Brewing Co. v. MantzCourt of Appeals of Maryland · 1913
  2. Butler v. TilghmanCourt of Appeals of Maryland · 1998
  3. International Bedding Co. v. Terminal Warehouse Co.Court of Appeals of Maryland · 1924
  4. Albert v. FreasCourt of Appeals of Maryland · 1906
  5. Schluter v. JacobsSupreme Court of Colorado · 1887

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