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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1687   View pdf image (33K)
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ART. 75] REMOVAL OF CAUSES. 1687

1904, art. 75. sec. 109. 1888, art. 75, sec. 104. 1860, art 75, sec. 81.
1856, ch. 322, sec. 1.

111. In all civil cases which may be removed to another county under
the provisions of this article, and in which a final judgment may be
obtained, the clerk of the court in which such judgment may be
obtained shall, on application of the plaintiff therein, issue execution
on said judgment or decree against the goods and chattels, lands and
tenements, rights and credits, of any defendant lying in the county or
city in which said case shall have been originally instituted; or, if the
judgment is for the defendant, he may have the same remedy.

Article 17, section 7, as it stood prior to the act of 1888, ch. 475, held not to
be a repeal of this and the following section, and not to apply to removed
cases which the latter sections were enacted to cover. Browning v. Loraw,
58 Md. 525.

Ibid. sec. 110. 1888, art 75, sec. 105. 1860, art. 75. sec. 82.
1856, ch. 322, sec. 2.

112. Any such execution shall be directed to and served by the sheriff
or coroner, as the case may be, of the county or city in which the case
was originally instituted, and returned to the circuit court for the county
of which he is sheriff, or to the superior court of Baltimore city, if in
said city; and it shall be sufficient for the plaintiff, to entitle himself
to the benefit of such execution, to produce before the court to which
the same shall be returnable, a short copy of the judgment by him
obtained, attested by the clerk of the court before which the same is
had.

This section referred to in construing section 111—see notes thereto.
Browning v. Loraw. 58 Md. 525.

Ibid. sec. 111. 1888, art. 75, sec. 106. 1860, art. 75, sec. 83.
1815, ch. 149, secs. 1, 2.

113. Every court to which any cause may be removed shall have
power to issue a warrant of re-survey, order, or other process, to .the
sheriff, surveyor, or other officer of the county from which such cause
has been removed, or to the sheriff or other officer of any other county;
and the sheriff, surveyor or other officer shall be bound to execute and
obey the same in the same manner as if issued from the circuit court
for the county from which such cause was removed, or for the county
in which such sheriff, surveyor or other officer may reside; and upon
neglect of any sheriff, surveyor or other officer to execute and obey such
warrant of re-survey, order or other process, the court in which such
cause is pending, and to which such warrant of re-survey, order or other
process is returnable shall, on motion and proof of delivery thereof,
amerce such sheriff, surveyor or other officer not exceeding two hundred
dollars, and enter judgment against him in the name of the State, but
for the use of the party aggrieved by such neglect, who may issue execu-
tion thereon as upon other judgments.

Ibid. sec. 112. 1888, art. 75, sec. 107. 1874, ch. 94.

114. Until the record in any cause has been actually transferred
from the court passing the order of removal to the court to which it is
107

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1687   View pdf image (33K)
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