clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 168   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

168 APPEALS AND EEEOES. [ART. 5

Execution.

1904, art. 5, sec. 70. 1888, art. 5, sec. 68. 1860, art. 29, sec. 32. 1806, ch. 90, sec. 3.

1888, ch. 509.

70. A writ of fieri facias or attachment may be issued upon any
judgment of the court of appeals directed' to the sheriff of the county in
which the original judgment appealed from was rendered and return-
able to the circuit court for such county; and at the same time such
writ may also be issued by leave of the court upon good cause shown,
and upon such terms as the court shall prescribe, directed to the sheriff
of any other county or counties in the State, and returnable to the
circuit court for such county or counties; and there shall be sent with
each writ a short copy of the judgment; and each of the said writs shall
be proceeded in and renewed as if it had issued from the circuit court
to which it is returnable.

This section referred to in deciding that the lower court can not vacate
a judgment affirmed on appeal. United Rys. Co. v. Corbin, 109 Md. 60.

As to executions on judgments, see art. 26, sec. 20.

Ibid. sec. 71. 1888. art. 5. sec. 69. 1860, art. 29, sec. 33. 1806.
ch. 90. sec. 3. 1888, ch. 509.

71. Either of the writs mentioned in the preceding section may be

directed to the sheriff of the city of Baltimore, and if so directed it shall

be made returnable to the court from which the appeal was taken, and

the same proceedings shall be had as provided in the preceding section.

Cited but not construed in United Rys. Co. v. Corbin. 109 Md. 61.

Ibid. sec. 72. 1888. art. 5. sec. 70. 1860, art. 29. sec. 34. 1812, ch. 145. sec. 2.

72. In case a scire facias shall be issued out of the court of appeals
against heirs or terre tenants, and one or more of the heirs or terre
tenants shall reside in different counties, the scire facias shall be
directed to the sheriff of the proper county, and returned by him to the
circuit court thereof, and duplicates of said scire facias shall be issued
and directed to the sheriff of each county wherein an heir or terre
tenant resides—which duplicates shall be returnable to the circuit court
for the county to which the original scire facias is returnable—and the
court to which the same are returnable, shall proceed therein in the
same manner as if said writs had issued from such court.

Ibid. sec. 73. 1888, art. 5. sec. 71. 1860. art. 29, sec. 35. 1812. ch. 145, sec. 2.

73. If the scire facias against heirs or terre tenants be sent to the
city of Baltimore, it and its duplicates shall be returnable to the supe-
rior court, and the same proceedings shall be had in all respects as if the
same had been returned to a circuit court for a county.

Ibid. sec. 74. 1888. art. 5. sec. 72. 1860. art. 29, sec 36.
1812, ch. 145. sec. 2.

74. Any scire facias against heirs or terre tenants, from the court
of appeals, may be sent to the county or city where the defendant in the
original judgment resided, or to the county or city where the land to be
affected by such writ lies.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 168   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  November 18, 2025
Maryland State Archives