Griffith v. Lynch

Bartol, J., delivered the opinion of this Court: . This is an appeal from an order of the Circuit Court for St. Mary’s County, quashing a writ of attachment issued out of the same Court. In the recital of the writ it is stated to be issued upon a judgment recovered in the. Superior Court of Baltimore City.

It appears by the record that on the 11th day of March 1861, a writ of fi. fa. was issued out of the Superior Court ⁵⁷⁷ of Baltimore City, directed to the sheriff of St. Mary’s County, and returnable to the Circuit Court for that county, reciting a judgment rendered by the Superior Court, and a fieri facias thereon before issued, to the sheriff of.Baltimore City, which had boon returned nulla bóna. The fi. fa. of the 11th of March was duly returned by the sheriff of St. Mary’s County, to the Circuit Court for that county, nulla bona; and thereupon this writ of attachment was issued out of the same Court. Some objection to this proceeding was made by the appellee, in argument, on the ground that, in reviewing tbe execution, the Circuit Court had. no power to change its form, but could issue only au execution of tbe samo kind as the first; we do not concur in this view. By the 5th section of the 18th Article of the Code, the Court is expressly authorized, when an execution which has boon sent from another county, has been returned, to proceed by renewal or otherwise, in the samo man nor as if the first execution had been issued on a judgment rendered in that Court.

There was no error, therefore, when the execution was renewed, in issuing a writ of attachment instead of a fieri facias. But this section of the Code provides, “that when an execution is issued to another county than that in