Himmel v. Eichengreen

Briscoe, J. delivered the opinion the Court. There are two appeals in this record from the Baltimore City Court. They present the same questions and will be considered by us in one opinion. On the 24th of December, 1906, a writ of attachment at the suit of the plaintiffs was issued out of the Baltimore City Court against Jennie Eichengreen, the defendant, a non-resident debtor returnable to the January return day, 1907.

The writ was laid also in the hands of the Supreme Conclave Improved Order of Heptasophs, a fraternal beneficiary association, as garnishee, and a certain fund due and owing the defendant, as a beneficiary of the late David Eichengreen, who held a benefit certificate in the association to the extent of two hundred and fifiy dollars was attached, as per schedule, returned with the writ of attachment, and the garnishee was duly summoned. At the same time an action of assumpsit was brought by the plaintiffs against the defendant and a summons issued thereon. The defendant and garnishee both appealed by counsel, to the suits, and each of them filed a motion to quash the attachment for the same reasons, towit, that the fund sought to be attached, was a benefit, and was not liable to attachment, under the provisions of sec. 217 of Art. 23 of the Code of Public General Laws. This defense was sustained by the Court below and on the 16th of November, 1907, the defendant’s and garnishee's motion to quash the attachment was granted, and from the order in granting the motion in each case the plaintiff has appealed.

The facts for the purposes of the case on this appeal were agreed upon by the parties and are set out in “an agreed statement of facts,” in the record. They are as follows: 1. That the property and credits sought to be reached in this attachment are benefits due and owing by the garnishee to Jennie Eichengreen, as a beneficiary of the late David Eichengreen, who held a benefit certificate in the company. ⁶¹² 2. That the garnishee is a fraternal beneficial association formed, organized and carried on for the sole benefit of its members and their beneficiaries, and not for profit, is operated upon the lodge system, with ritualistic form of work, and has a representative form of government, and is of the class of associations coming strictly within the description of and governed by the provisions of the Maryland Code of 1904, Public General Laws, Art. 23, secs. 210 to 225, inclusive. 3.

That the only property or funds held by the garnishee belonging to Jennie Eichengreen is the benefits due under the certificate as one of the beneficiaries named in the certificate to David Eichengreen, her husband, amounting to $250. And it is on this state of facts that the Court is called upon to determine the correctness of the rulings of the Court below. By sec. 217, of Art. 23, of the Code, it is provided that the money or other benefit, charity, relief, or aid to be paid, provided or rendered by any association authorized to do business under sec. 210 to sec. 223 (both inclusive), of this Article, shall not be liable to attachment by trustee, garnishee or other process and shall not be seized, taken, appropriated or applied by any legal or equitable process or by operation of law to pay any debt or liability of a certificate holder named in a certificate or of any person who may have any right thereunder. It is admitted that if the Act of 1894, ch. 295 (now sec. 217 of Art. 23 of the Code) was a valid exercise of legislative power, under our Constitution, and if its sections are applicable to the facts of this case, then, there can be no question as to the correctness of the action of the Court below in granting the motions to quash the attachment.

The validity of the Act of 1894, ch. 295, is assailed upon several grounds. It is objected, first, that the Act is unconstitutional because it violates that part of Art. 3, sec. 29, of the Constitution which declares that “every law enacted by the General Assembly shall embrace but one subject and that shall be described in its title and no law shall be revived or amended by reference to its title or section only. And secondly, it is contended that sec. 143L of the Act, which is ⁶¹³ codified as sec. 217, of Art. 23, of the Code, is in direct conflict with sec. 44, of Art. 3, of the Constitution, which provides that “Laws shall be passed by the General Assembly to protect from execution a reasonable amount of the property of the debtor not exceeding in value the sum of five hundred dollars.” And thirdly, it is insisted upon the part of the appellants that, even if it be held that the Act (1894), is free from all constitutional objections, it cannot be applicable to this case, because the defendant is a non-resident of the State and the Act itself contains no express provision extending its benefits to non-residents. We have considered the various objections urged to this law, and are of the opinion that the law is not obnoxious to any of the provisions of our State Constitution.

The title of the Act here objected to is as follows: “An Act to amend Art. 23 of the Code of Public General Laws, title, ‘Corporations,’ sub-title ‘Insurance