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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1230   View pdf image (33K)
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1230 INSOLVENTS. [ART. 47

section 31 of this article); and the court which had so adjudicated said
insolvent may thereupon proceed to force the execution and delivery
by him of said schedule and list of debts, and the delivery of his said
books of account and all other property to which his said preliminary
trustee may be entitled, by fine and imprisonment, as in other cases of
contempt for disobedience to or non-performance of its order; and in
all cases where, from any cause whatsoever, any person who has been
or shall hereafter be adjudicated an insolvent under this article shall
not have executed and delivered such schedule and list of debts within
ten days after his adjudication, it shall be the duty of his preliminary
trustee to make out a list of his creditors from the best information he

can obtain, and to file the same with the clerk of the court by which
the said insolvent was adjudicated; and said trustee shall be at liberty
to amend said list from time to time; and all notices addressed to

each of the creditors mentioned in said list shall have the same force
and validity for all purposes whatsoever as if said list of creditors had
been prepared and returned by the insolvent himself, along with his
schedule and list of debts, and verified by his affidavit, as required by
the provisions of this article.

Neither creditors nor the insolvent trustee can make a bargain with the

insolvent which relieves him from the duty of surrendering all his property.

The action of the insolvent court held not to amount to an approval of

such a bargain. Cochrane v. Bridendolph, 72 Md. 280.

1904, art. 47. sec. 31. 1888. art. 47. sec. 31. 1860. art. 48, sec. 20.
1854. ch. 193. sec. 20. 1865, ch. 91.

31. Any person interested may appeal from the decision of -the
court on any question under this article, provided such appeal be
entered within thirty days and a certified copy of the record be trans-
mitted to the court of appeals within sixty days from the date of the
decision appealed from, but the execution or effect of any judgment,
decree, decision or order appealed from shall not be suspended or
stayed unless a bond shall be given in such penalty and condition and
with such security as the court may prescribe and approve.

When an appeal lies.

A trustee may appeal from decisions affecting the interests of all the
creditors by diminishing the estate, or where he is defeated in attempts to
angment the estate. Salmon v. Pierson. 8 Md. 298.

A trustee may appeal from an order rescinding his appointment and from
an order injuriously affecting his commissions. Teackle v. Crosby, 14 Md.
24; White v. Malcolm, 15 Md. 541; Salmon v. Pierson, 8 Md. 299.

An appeal lies from an order removing a trustee and dismissing the
petition in insolvency. Van Nostrand v. Carr, 30 Md. 131.

A trustee may appeal from an order setting aside a sale and suspending
a further sale for one month. McHenry v. McVeigh. 56 Md. 583.

Where a distribution of an insolvent estate is improperly attempted in
equity and the claim of a creditor is disallowed, he may appeal from such
order and the same will be reversed on the ground of lack of Jurisdiction.
Pierson v. Trail, 1 Md. 143.

This section applied. Paul v. Locust Point Co., 70 Md. 291.

No appeal lies from an order overruling a demurrer to a petition in involun-
tary insolvency, and requiring the defendant to answer. The right of appeal
as affected by the policy of the insolvent laws. Tawes v. Tyler, 71 Md. 507.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1230   View pdf image (33K)
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