Blair v. Winston

Citations

• 84 Md. 356
• 35 A. 1101
• 1896 Md. LEXIS 121

Syllabus

<p>Attachment Against Non-resident—Acquisition of Domicil in this State by Citizen of Another State—Affidavit in Attachment Cannot be Changed by Amendment—Maker and Endorser of Promissory '• • Note not fointly Liable:</p> <p>In order to support an attachment against the property of a defendant as a non-resident debtor, the non-residence of the defendant is as essential as his indebtedness, and if in fact the defendant is a resident of this State, the attachment is in fraudemlegis, and will be quashed.</p> <p>When a citizen of another State comes here with a bona fide intention of making this State his place of residence, he cannot be proceeded against as a non-resident, whether he has resided here long enough to acquire a right to vote or not.</p> <p>In an attachment against a party alleged to be a non-resident the fact</p> <p>■ that he can be or is summoned does not of itself defeat the attachment if he is really a non-resident, but the fact that he is summoned in the capias case is a circumstance to be considered in determining whether he is a non-resident or not.</p> <p>Defendant, a former citizen of Richmond, Va., came to Baltimore in August, 1895, and rented rooms in a private house, where he continued to reside. He communicated to several persons his purpose to make Baltimore his home, and the newspapers of both Baltimore and Richmond announced his change of residence. He had business interests in Baltimore, and testified that he came there with the intention of making that city his home. An attachment against him, as a non-resident of this State, was issued on November 7,1895, and the writ of summons was served on him shortly afterwards. Held, that the defendant had acquired á residence in Baltimore, and the attachment should be quashed.</p> <p>Under Code, Art. 9, sec. 27, providing for the amendment of attachment proceedings, no change in the substance of the affidavit can be made.</p> <p>An attachment against A and B as non-residents was based upon promisso