United Railways & Electric Co. v. Rowe

Briscoe, J., delivered the opinion of the Court. On the 21st of April, 1902, Charlotte W. McPherson, the appellee’s decedent, obtained a decree in personam against ⁶⁵⁷ Ulyssia S. G. Swindell for the sum of $i,8oi in the Circuit Court No. 2, of Baltimore City, being a balance due on a mortgage, under a foreclosure proceeding. On the 26th of April, 1902, an attachment was issued on this decree and was laid in the hands of the appellant, the United Railways and Electric Company of Baltimore City, garnishee, of Swindell, to recover a claim in a damage suit instituted by Mrs. Swindell against the Electric Company for personal injuries alleged to have been sustained by her. On the 25th of October, 1901, the following order was filed in the case : Mr. Clerk:—Enter the above case and the judgment to be recovered thereon to the use of Hyland P. Stewart.

Hyland P. Stewart, Attorney for plaintiff It appears from the record, that Mrs. Swindell executed and delivered to Mr. Stewart, her attorney in the case, the following paper: For value received I hereby assign and set over unto Hyland P. Stewart, trustee, all my right, title and interest, in the above case, and in the judgment that may be recovered in the above entitled case, to pay himself personal one-half part of the whole amount recovered ; to pay Dr. J. J. Ingle his bill for professional services, if sufficient remain, and the balance if any, to such person or persons as I shall direct. Witness my hand and seal this 28th day of February, 1901. Test: T. B, Layfield. Ulyssia K. Swindell, (Seal).

It also appears that a prior order, dated the 8th of February, 1900, had been given by Mrs. Swindell to enter the judgment that may be recovered in the case for the use of Mr. Stewart to the extent of one-half thereof, but this order was not filed in the case. It further appears that the damage suit was entered settled on the 15th of September, 1902, by an agreement between Mr. Stewart, assignee, and Mr. Slingluff, attorney for the United Railways and Electric Company, by /the payment of fifteen hundred dollars to be held subject to the decision in the attachment suit, ⁶⁵⁸ The case at bar was heard in the Circuit Court No. 2, of Baltimore City, and from a decree of that Court, passed on the nth day of March, 1903, directing that the garnishee pay to the appellee the sum of seven hundred and fifty dollars in full settlement of its liability this appeal has been taken. The