Booth v. Callahan

Briscoe, J., delivered the opinion of the Court. The complaint in this case is that the Circuit Court of Baltimore County committed an error in allowing an amendment to certain non-resident attachment proceedings. The attachment suit was instituted, in the Circuit Court for Harford County, but was afterwards removed for trial to the Circuit Court for Baltimore County. ³¹⁸ On the 17th of January, 1903, Tillie Booth, the appellant here and the alleged claimant of an interest in the property attached, filed a motion to quash the attachment for the reason among others that the voucher annexed thereto was not a sufficient cause of action. On the 2nd day of March, 1903, the plaintiffs filed a petition asking leave “to amend the voucher by adding thereto the certificates of letters testamentary granted to them and by amending the title of the account as originally filed, so as to read David T. Callahan to Daniel P. Callahan and Joseph F. Callahan, executors of the estate of Patrick Callahan, instead of David T. Callahan, to the estate of Patrick Callahan, deceased.” And from an order of the Circuit Court of Baltimore County allowing the amendment to be made as prayed, this appeal has been taken.

The sole inquiry then in the case relates to the propriety of the amendment as allowed by the Court, and this we think is entirely free from difficulty. Now if it be conceded that any amendment at all was necessary to perfect the proceedings in this case, there can be no question since the Act of - 1898, chap. 44, that this amendment was one which could be properly allowed by the Court. The Act of