President & Directors of Franklin Bank of Baltimore v. E. G. Matthews & Co.

Alvey, C. J., delivered the opinion of the Court. The question in this case is a very narrow one, and is one of practice simply. Whether it was competent to the Superior Court, without invalidating the attachment proceeding, to allow the original causes of action, consisting of two notes and an open account, exhibited to the magistrate, and filed with the warrant to the clerk to issue the writ of attachment, to be withdrawn from the files of the Court, upon leaving copies thereof made by the clerk, is the only question that need be decided on this appeal. And, in view of the long existing practice in the Courts of this State, and the necessity and convenience of the thing, to meet certain requirements that often occur, we are of opinion that the withdrawal of the notes and account, upon leaving copies, did not affect or in any way impair the validity of the attachment proceeding, it is certainly true, that, by the terms of the statute, the plaintiff in attachment on warrant is required to produce to the justice or other officer before whom the affidavit is made, “the bond, account, or other evidences of debt,” by which the defendant is indebted to the plaintiff and upon which the warrant shall issue to the clerk; “and upon the receipt of said warrant, with the proofs on which the same was granted, and not otherwise, the clerk shall issue the attachment.” But notwithstand ¹¹² ing this requirement, as the foundation for issuing the attachment, it does not follow that the original vouchers or causes of action shall always remain in the papers, and shall for no purpose be allowed to be withdrawn.

Suppose, for example, a party to have a note for $5000, and he has an opportunity of making $1000 of it by attachment in one jurisdiction, and he sues out his attachment for that purpose, and he afterwards discovers that he can make the residue of the note by resort to an