Jones v. Syer
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The appellees recovered a judgment for $1635, with interest and costs, in the Court of Common Pleas against Richard W. Kimhall on the 14th of January, 1875. Upon this judgment an attachment was issued on the 15th March, 1878, and ou the same day was laid in the hands of Edwin L. Jones, the appellant, as garnishee. The garnishee pleaded nulla bona, and. on this plea issue was joined.
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Appeal from the Court of Common Pleas. The appellees recovered a judgment for $1635, with interest and costs, in the Court of Common Pleas against Richard W. Kimhall on the 14th of January, 1875. Upon this judgment an attachment was issued on the 15th March, 1878, and ou the same day was laid in the hands of Edwin L. Jones, the appellant, as garnishee. The garnishee pleaded nulla bona, and. on this plea issue was joined. At the trial there was offered in evidence a bill of sale from Richard "W. Kimhall to Edward M. Cleary, dated the 9th of March, 1874, which was admitted subject to exception,…
1Opinion of the CourtAlvey, J.
If the property embraced in the assignment to Jones, of the 1st of February, 1878, really belonged to Kimball, and the assignment was void, as contended by the appellees, the latter were clearly entitled to recover.
The assignment professes to be for the benefit of creditors generally, and does not exact releases from the creditors as a condition upon which they are allowed to share in the proceeds of the sales of the property assigned ; hut, by the express terms of the deed, the trustee, who is the garnishee in this case, is authorized and empowered “ to carry on and conduct said business in…
2Cases cited4 opinions
- Inloes v. American Exchange BankCourt of Appeals of Maryland · 1857
- Malcolm v. HodgesCourt of Appeals of Maryland · 1855
- American Exchange Bank v. InloesCourt of Appeals of Maryland · 1855
- Maughlin v. TylerCourt of Appeals of Maryland · 1878
3Cited by12 opinions
- Schlicht v. WengertCourt of Appeals of Maryland · 1940
- Landeman v. Wilson & BeardsleyWest Virginia Supreme Court · 1887
- DeWolf v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1881
- The Wells-Stone Mercantile Co. v. GroverNorth Dakota Supreme Court · 1898
- Bernard v. Barney Myroleum Co.Massachusetts Supreme Judicial Court · 1888
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