due thereon, whether the whole be due or part has been previously paid, shall be entitled to an assignment thereof; and may, by virtue of such assignment, maintain an action in his own name against the principal debtor. Norwood v. Norwood, 2 H. & J. 238. Sotheren v. Reed, 4 H. & J. 307. Ghiselin v. Ferguson, 4 H. & J. 522. Creager v. Brengle, 5 H. & J. 234. Merryman v. State, 5 H. & J. 426. Hollingsworth v. Floyd, 2 H. & G. 91. Williamson v. Allen, 2 G. & J. 344. Colegate v. Fredericktown Savs. Ins., 11 G. & J. 114. Semmes v. Naylor, 12 G. & J. 358. Hall's Admr. v. Cresswell, 12 G. & J. 36. Carroll v. Bowie, 7 Gill, 34. Neptune Ins. Co. v. Dorsey, 3 Md. Ch. Dec. 334. Grove v. Brien, 1 Md. 438. Swan v. Patterson, 7 Md. 164. Peacock v. Pembroke, 8 Md. 350. Smith v. Anderson, 18 Md. 526. Groshon v, Thomas, 20 Md. 247. Martindale v. Brock, 41 Md. 571. Crisfield v. State, 55 Md. 197. 1888, art. 8, sec. 6. 1860, art. 9, sec. 6. 1763, ch. 23, sec. 8. 6. When any person shall recover a judgment against the principal debtor and surety, and the amount due on the judgment shall be satisfied by the surety, the creditor or his attorney of record shall assign the same to the surety, and such assignment being filed in the court where the judgment was rendered, the assignee shall be entitled to execution in his own name against the principal for the amount so paid by the surety. Ibid. sec. 7. 1860, art. 9, sec. 7. 1763, ch. 23, sec. 8. 1864, ch. 243. 1880, ch. 161, sec. 7. 7. When any judgment shall be rendered against several sureties and the amount unpaid on said judgment shall be satisfied by said sureties or by any one of them, the plaintiff shall be obliged to assign such judgment to the surety or sureties satisfying the same, who shall be entitled to execution in his or their names against the other sureties in the judgment, for a proportionable part of the said judgment so paid by the said assignee; provided, that no defendant shall be precluded or debarred of his remedy against the plaintiff, or his co-sureties by audita querela, or other equitable course of proceedings. McKnew v. Duvall, 45 Md. 501. Wilson v. Ridgely, 46 Md. 246. Ibid. sec. 8. 1864, ch. 243. 8. In any case where judgment shall be recovered by the State against any principal debtor and a surety or sureties, and said judgment shall be satisfied by said surety or sureties, the same shall be entered by the attorney representing the State to the use of the surety or sureties satisfying the same, on the said attorney filing in the case a certificate of the comptroller stating that said judgment has been so satisfied, and said surety or sureties shall then be entitled to execution in his or their own name or names against the principal and the other sureties, in the same manner and subject to the same provisions contained in the two preceding sections. 1888, art. 8, sec. 9. 1860, art. 9, sec. 8. 1763, ch. 23, sec. 9. 9. The assignee of any bond or other obligation under seal that has been assigned under hand and seal may maintain an action in his own name against the obligor therein named-and if such obligor shall be unable to pay the debt mentioned in the obligation, or cannot be found in the place or county of his usual abode, or any other thing or casualty should happen whereby the assignee should not be able to recover his debt from the obligor, an action may be maintained by the assignee against the obligee in such obligation, unless the assignee be a surety therein; provided, that where any debt shall be lost by the negligence or default of the assignee, the assignor shall not be liable. Parrott v. Gibson, 1 H. & J. 398. Gover v. Christie, 2 H. & J. 67. Boyer v. Turner, 3 H. & J. 285. Lewis v. Hoblitzell, 6 G. & J. 259. Crawford v. Berry, 6 G. & J. 63. Carroll v. Bowie, 7 Gill, Pratt, 10 Md. 13. Jackson v. Myers, 43 Md. 452. 34. Trustees of Poor v. Taylor v. Suit, 68 Md. 443. Ibid. sec. 10. 1860, art. 9, sec. 9. 1763, ch. 23, sec. 10. 10. No action shall be maintained in the name of any assignee upon any assignment mentioned in the preceding section, upon the default of the obligor, unless the obligee shall have made or shall make oath, to be endorsed on such bond or obligation, before some justice of the peace, that he hath received no part of the sum mentioned in such obligation, or but such part thereof as shall be mentioned in such oath, at the time of making such assignment. Dorsey v. Barnes, 2 H. & McH. 477. Taylor v. Suit, 68 Md. 443. Steele r Sellman, 79 Md. 6. ARTICLE IX. ATTACHMENTS. Attachment Against Non-Resident and Absconding Debtors. 1. Plaintiffs, who may be. 4. Affidavit to authorize attachment. 5. Before whom to be made. 6. How to be certified. 7. By whom to be made. 8. Clerk to issue attachment. 9. Writ of summons. 10. What may be attached. 11. Clause of sci. fa. 12. Judgment of Execution. condemnation. 13. Proceedings on judgment nisi. 14. Garnishee may plead, or pay money into court. 15. Interrogatories to garnishee. 16. Confession of assets by gar nishee. 17. Attachment upon debts due defendant on judgments or decrees. 18. Attachment against stock of corporations. 19. Dissolving attachments. 20. Quashing attachments. 21. Testimony on motions to quash may be taken orally, in open court. 22. Appeal from order on motion to quash. 23. Appeal and bond by plaintiff. 24. Time for appeal. Attachments After Two Non Ests. 25. How obtained. Attachments Against Adult NonResident Heirs and Devisees. 26. How awarded. Sale of Attached Property. 27. Sale pendente lite of property attached, how and when ordered by the court. Amendments. 28. All papers in attachment proceedings may be amended. Attachments on Judgments and Decrees. 29. How issued. Procedure on. 30. Judgment of condemnation in. 31. On judgments of justices of the peace. Attachments by Justices. 32. Against non-resident or absconding debtors. Attachments of Wages or Hire. 33. When and how far wages exempt. 34. Wages of non-residents. Judgment Pleadable by Garnishee Against Defendant. 35. How pleadable. Attachments on Original Process for Fraud. 36. Attachments on original pro cess; in what cases to be issued. Affidavit of attaching creditor. 37. Voucher. 38. Writ of summons. Attachments Against Non-Resident and Absconding Debtors. 1888, art 9, sec. 1. 1860, art. 10, sec. 1. 1832, ch. 280, sec. 1. 1854, ch. 153, sec. 1. 1. Every person and every body corporate that has the right to become a plaintiff in any action or proceeding before any judicial tribunal in this State shall have the right to become a plaintiff in an attachment against a non-resident of this State, or against a person absconding. Hodgson v. Southern Bldg. Asso., 91 Md. 446. Ibid. sec. 2. 1860, art. 10, sec. 2. 1817, ch. 138. 1832, ch. 280. sec. 1. 1854, ch. 153, sec. 2. 2. Every person who doth not reside in this State, and every person who absconds, may be made a defendant in an attachment; and any corporation not chartered by this State, or any corporation chartered by this State, but not having the president or a majority of the directors or managers thereof residing in this State, may be made a defendant, as other non-residents. Campbell v. Morris, 3 H. & McH. 566. Barney v. Patterson, 6 H. & J. 200. Hepburn's Case, 3 Bl. 120. McKim v. Odom, 3 Bl. 428. Barr v. Perry, 3 Gill, 326. Lambden v. Bowie, 2 Md. 335. Field v. Adreon, 7 Md. 209. Gover v. Barnes, 15 Md. 576. Risewick v. Davis, 19 Md. 82. Dorsey v. Kyle, 30 Md. 518. Dorsey v. Dorsey, 30 Md. 530. Matthews v. Zollikoffer, 20 Md. 266. Chesapeake Bank v. First Natl. Bank, 40 Md. 269. Schroeder v. Herbert, 68 Md. 509. Hodgson v. Southern Bldg. Asso., 91 Md. 446. Ibid. sec. 3. 1860, art. 10, sec. 3. 1795, ch. 56, sec. 1. 1854, ch. 153, sec. 3. 3. Every person who shall actually run away, abscond or fly from justice, or secretly remove himself from his place of 1 abode, with intention to evade the payment of his just debts, or to injure or defraud his creditors, shall be considered as having absconded; and an averment in the oath of the plaintiff against a person as having absconded shall, without other words, be a sufficient averment of any such conduct. Field v. Adreon, 7 Md. 209. Risewick v. Davis, 19 Md. 94. De Bebian v. Gola, 64 Md. 262. 1888, art. 9. sec. 4. 1860, art. 10, sec. 4. 1795, ch. 56, sec. 1. 4. No attachment shall issue (except as hereinafter mentioned), unless there be an affidavit that the debtor is bona fide indebted to the creditor in the sum of- over and above all discounts; and at the time of making the affidavit, the creditor shall produce the bond, account or other evidences of debt, by which the said debtor is so indebted; and shall also make affidavit that he knows, or is credibly informed and verily believes, that the said debtor is not a citizen of this State, and that he doth not reside therein; or if the said debtor resides in this State, that he doth know, or is credibly informed and verily believes, that the said debtor hath absconded. State v. Beall, 3 H. & McH. 347. Thompson v. Towson, 4 H. & McH. 285. Barney v. Patterson, 6 H. & J. 60. Wood Lee v. Tinges, 7 Md. 230. Warwick v. Chase, 23 Md. v. Fulton, 2 H. & G. 78. Dawson v. Brown, 12 G. & J. 60. Boarman v. Ibid. sec. 5. 1860, art. 10, sec. 5. 1795, ch. 56, sec. 1. 1876, ch. 112. 1888, ch. 507. 5. The affidavit required by the preceding section may be made before any justice of the peace or any judge of a court of law of this State, or before any judge of a court of record of the United States, or of any State, district or territory of the United States, or before a commissioner appointed by the State to take acknowledgments of deeds, or before a notary public, or if out of the United States, before a consul or vice-consul |