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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1693   View pdf image (33K)
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ART. 75] CLAIM JOR INJUNCTION OE MANDAMUS. 1693

enforced, but shall be subject to all rules governing general demurrers at

law, both as to the proceedings thereon and thereafter.

The demurrer provided for by this section is a special one and constitutes
an exception to section 6. A general demurrer, whether to the declaration or
to a subsequent pleading, does not take the place of the special demurrer pro-
vided for bv this section. Chesapeake, etc., Telephone Co. v. MacKenzie, 74
Md. 44.

1904, art. 75, sec. 127. 1888, art. 75, sec. 120. 1888, ch. 456, sec. 86 E.

129. In case judgment shall be given to the plaintiff that a manda-
mus or injunction do issue, it shall be lawful for the court in which said
judgment is given, if it shall see fit, besides issuing execution in the ordi-
nary way for the costs and damages, also to issue a peremptory writ of
manadamus or peremptory injunction, to the defendant, commanding
him forthwith to perform the duty to be enforced, or forbidding him to
do, repeat or continue the wrong against which an injunction is claimed.
This section referred to in construing sections 6 and 128—see notes thereto.
Chesapeake, etc., Telephone Co. v. MacKenzie, 74 Md. 43.

Ibid. sec. 128. 1888, art. 75, sec. 121. 1888, ch. 456, sec. 86 F.

130. The writ so issued need not recite the declaration or other pro-
ceedings, or the matter therein stated, but shall simply command the per-
formance of the duty, or forbid the doing, repetition or continuance of
the wrong, and in other respects shall be in the ordinary form of a writ
of execution, except that it shall be directed to the party and not to the
sheriff, and may be issued during the sittings of the court or not, and be
returnable forthwith; and no return thereto except that of compliance
shall be allowed; but time to return it may, upon sufficient grounds, be,
allowed by the court, either with or without terms.

This section referred to in construing sections 6 and 128—see notes thereto.
Chesapeake, etc., Telephone Co. v. MacKenzie, 74 Md. 43.

Ibid. sec. 129. 1888, art. 75, sec. 122. 1888, ch. 456, sec. 86G.

131. The writs issued as provided in the foregoing sections shall
have all the force of writs of mandamus as now issued by the courts of
this State, and of writs of injunction as now issued out of the equity
courts of this State; and in case of disobedience, such writs of manda-
mus and injunction may be enforced by attachment, and in case of cor-
porations, also by distress, in accordance with the established chancery
practice.

This section referred to in construing sections 6 and 128—see notes thereto.
Chesapeake, etc., Telephone Co. v. MacKenzie, 74 Md. 43.

Ibid. sec. 130. 1888, art. 75, sec. 123. 1888, ch. 456, sec. 86 H.

132. Upon application by the plaintiff the court, in addition to or
instead of proceeding against the disobedient party by attachment, may
direct that the act or acts required to be done may be done by the plain-
tiff or some other person appointed by the court, at the expense of the
defendant; and upon the act being done the amount of such expense may
be ascertained by the court, either by a writ of inquiry or reference to

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1693   View pdf image (33K)
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