Thompson v. Central Metal & Supply Co.

Adkins, J., delivered the opinion of the Court. The appellee, the Central Metal and Supply Company, obtained a judgment against one Charles G. Selters in the Baltimore City Court, and Selters obtained a judgment against the appellants, James 0. Thompson and Barbara Thompson, in the Circuit Court for Baltimore County. Whereupon the appellee caused to be issued out of the Baltimore City Court a writ of attachment on its judgment directed to’ the sheriff of Baltimore City commanding him to attach “any of the lands, tenements, goods, chattels, and credits of the said Charles G. Selters if they should be found in your bailiwick,” and the sheriff served said writ upon Mrs. Thompson in Baltimore County and upon Mr. Thompson in Baltimore City, and summoned them as garnishees.

It was admitted that Mr. and Mrs. Thompson were residents ¹⁸⁸ ■of Baltimore County and had no business or property in Baltimore City. T. Lycle Mason, Jr., Gersk L. Moss, and Harvey C. Bickel, to whose use the judgment of Selters against the Thompsons had been entered, moved to quash the attachment on the .ground that the sheriff had no jurisdiction to serve the writ in Baltimore County. This motion was overruled. Subse•quently, George Eckhardt, Jr., appeared specially as attorney for the garnishees and moved to quash the attachment on the ground that it was not issued from the jurisdiction of the garnishees’ residence or place of business, but on the ■contrary, issued out of the Baltimore City Court” and “that the court is without jurisdiction in the premises.” Plaintiff filed a motion ne recipiatur, which was granted, and the judgment of condemnation nisi was made absolute.

Whereupon the said attorney again appeared specially for the garnishees and moved to