Not overruled or negatively treated on appealinfoCoverage
Court of Appeals of MarylandJan 15, 1936
169 Md. 703 (Md. 1936)
169 Md. 703182 A. 337

Cases citing this case

How cited

  • Kolker v. Gorn

    …But attachment and execution proceedings seem to be in a class by themselves, where the real ownership is in…

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[No. 33, October Term, 1935.]

Decided January 15th, 1936.

Execution — Ownership of Goods Levied On — Motion to Quash.

The question of the ownership of goods levied on under execution may be raised by motion to quash, and from the decision on the motion an appeal lies.

A claim to property levied on, by motion to quash the execution, or otherwise, must be heard on the merits by a jury, if either party requires it, but, if the parties agree, the court may hear and pass on the merits in a summary way.

A bill of exceptions not being necessary in a summary proceeding, such as a motion to quash an attachment, it being sufficient that the evidence is properly certified, a bill of exceptions, though informal, is sufficient in such a case if it shows the proofs submitted in the trial court.

Decided January 15th, 1936.

Appeal from the Circuit Court for Allegany County (ROBB, J.).

Motion by Leona Lane to quash a writ of fieri facias issued on a judgment in favor of Ralph Frantz against J.T. Lane. From a judgment sustaining the motion, said Frantz appeals. Affirmed.

The cause was argued before BOND, C.J., URNER, OFFUTT, PARKE, SLOAN, MITCHELL, SHEHAN, and JOHNSON, JJ.

Estel C. Kelley, for the appellant.

Taylor Morrison, with whom was Edward J. Ryan, on the brief, for the appellee.

Unreported cases.