59 Md. 199 | Md. | 1882
delivered the opinion of the Court.
The decision of this case depends upon the construction and effect, of the Act of 1876, chapter 285. By that Act three additional sections are added to Article ten of the Code, title “Attachments,” under the subtitle “ Claimants of property.” The first section of that Act provides, that “In all attachments, and writs of execution whenever the same shall he levied Upon any personal property, goods or chattels, which are claimed by a person or persons, or cor
The next section provides, that upon the giving of bond by the claimant in double, the “appraised value” of the property seized or levied on, with security approved by the Court, or Judge, or the clerk in a certain contingency, the property seized shall he “discharged from the levy;” and the section closes with this proviso: “if the plaintiff fails to recover judgment of condemnation for the property so levied upon, the petitioner shall he awarded his costs and shall recover damage for the wrong and injury done him by reason of the illegal seizure and detention of his property.”
The third and last section provides for an additional bond if the plaintiff is not satisfied with the sufficiency of the securities, and can satisfy the Court of such insufficiency.
In this case, the claimant, John H. Lytle, appellee, filed his petition alleging the seizure of certain canned corn as the property of the defendant in the judgment, upon which the attachment was issued, which the petitioner claimed as his property. A case was docketed, and summons was
The appellant contends, that the base made by the claimant was property vel non, and raised no question of damages ; that no damages were claimed in the petition, and there being no issue in that regard, no evidence can be admitted and recovery had for damages. We think the Circuit Court committed no error in admitting the proof and permitting a recovery notwithstanding the petition made no distinct claim of damages. All our attachment laws have grown out of the “foreign attachment” proceeding by the custom of London, which is of great antiquity, and forms a part of the common law ; our statutes being but regulations as to the enforcement of rights existing independently of statute. Drake on Attachment, sec. 1; Campbell vs. Morris, 3 H. & McH., 535. Prior to our statute the claimant of property attached could intervene and set up his claim and get it passed upon in the attachment proceeding. This is fully recognized in Ranahan vs. O’Neale, 6 G. & J., 298, and has always been the practice. In such proceeding, however, he was not permitted to recover damages for the seizure, but was remitted to his special action for that purpose. After the settlement of the question in favor of the claimant’s right of property, he was adjudged to have his action against the sheriff for the wrongful seizure. Trieber vs. Blocher, 10 Md., 22. This case, and the case of Richardson vs. Hall, et al., 21 Md., 399, also determined that the claimant was not compelled to wait, and intervene in the attachment proceeding, though he had his option to do so, if he chose ; but might proceed
The second section provides a method of getting the property levied on discharged from the levy; but it must be noticed, it does not secure its delivery to the claimant unless it was taken from his immediate possession, in which case the effect of the order of discharge would be to restore the possession to him. The main object of the statute was to establish a form of proceeding which would give full redress in one proceeding for the wrongful taking by attachment or by execution of another's property. The language of the statute very clearly, we think, indicates, that both the right to the property, and damages for its seizure and detention, was to be settled in this summary proceeding, if it was resorted to. We do not mean to decide, that the claimant is compelled, if he knows of the levy and seizure, to resort to this method of asserting his rights, to secure the property and recover damages. It is not necessary for us to decide that question ; it is not before us.
The bond, provided for in the second section of the Act, is required to he in “double the appraised value” of the
The claimant has no security for the damages he may recover, but the judgment, the value of which depends entirely on the pecuniary responsibility of the plaintiff in the attachment. If he establishes his right to the property, his liability on the bond is discharged, and there is no damage resulting to the plaintiff by reason of his recovery of property and damages, even if the bond was invalid or insufficiently secured. The putting of this clause in the second section instead of the first, has given rise to the contention. If it were in the first section, we suppose there would have been no doubt excited about it. The law is in several particulars ambiguous, and altogether bunglingly drawn, and in some respects difficult, if not impossible, of literal execution ; but to the extent that, it can be executed, with reasonable certainty as to the intention of its makers, it is our duty to enforce it. The reasoning adopted, we think, shows the bond has no connection with the claimant’s right either to have his title to the property settled, or his damages assessed; but was solely for the protection of the plaintiff, if the property was taken out of the hands of the officer by an order of Court discharging it from the levy. It was the security of the plaintiff, for the payment of his judgment of damages, (which the law restricts to the appraised value of the property seized and discharged,) if the claimant failed to establish his title. The property being discharged he gets judgment to the extent of his claim, if that does not exceed such appraised value; and, if it does not reach the appraised value of the property discharged, then for the
It follows, from what we have said, that there was no error in the admission of evidence, or the rejection of the prayers, and the judgment will he affirmed.
Judgment affirmed.