Thomas v. Brown
Court of Appeals of Maryland
Appeals from the Superior Court of Baltimore City. J. Willcox Brown and Charles D. Lowndes, co-p.artners, trading as Brown & Lowndes, sued out of the Superior Court of Baltimore City an attachment on original process, and had it laid in the hands of the Farmers and Merchants’ Rational Bank of Baltimore, on the 9th of August, 1882, to cover any moneys which might be in its hands belonging to Frank A. Thomas and Samuel K. Thomas, co-partners, trading as James P. Thomas & Co.,…
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Appeals from the Superior Court of Baltimore City. J. Willcox Brown and Charles D. Lowndes, co-p.artners, trading as Brown & Lowndes, sued out of the Superior Court of Baltimore City an attachment on original process, and had it laid in the hands of the Farmers and Merchants’ Rational Bank of Baltimore, on the 9th of August, 1882, to cover any moneys which might be in its hands belonging to Frank A. Thomas and Samuel K. Thomas, co-partners, trading as James P. Thomas & Co., as security for the payment of a debt from the said James P. Thomas & Co., to the said Brown & Lowndes, alleged to have…
1Opinion of the Court
Stone; J.,
delivered the opinion of the Court.
The important question in this case is, the proper construction of that part of our insolvent law that declares that “no creditor shall acquire a lien by fieri facias, or attachment, unless the same be levied before the filing of the petition.” This case is an attachment on mesne process, and it is strenuously argued by the appellants, that the attachment mentioned in the statute is confined to attachments levied by way of execution on a judgment already obtained, and does not include attachments levied on mesne process before the filing of the…
2Cases cited3 opinions
- Alexander v. GhiselinCourt of Appeals of Maryland · 1847
- Bates v. TappanMassachusetts Supreme Judicial Court · 1868
- Gibson v. GreenMississippi Supreme Court · 1871
3Cited by7 opinions
- Morton v. GrafflinCourt of Appeals of Maryland · 1888
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Buschman v. HannaCourt of Appeals of Maryland · 1889
- Walutes v. Baltimore Rigging Co.Court of Appeals for the Fourth Circuit · 1968
- Manning v. CarruthersCourt of Appeals of Maryland · 1896
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