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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1695   View pdf image (33K)
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ART. 75] SUPPLEMENTARY PEOCEEDINGS. 1695

1904, art. 75, sec. 135. 1888, art. 75, sec. 128. 1888, ch. 456, sec. 86 M.

137. Nothing contained in the twelve foregoing sections shall be

taken as in any manner modifying or impairing the jurisdiction of the

courts of common law, as now established, in regard to the issue of the

writ of mandamus, or of the court of chancery in matters of injunction.

This section referred to in construing sections 6 and 128—see notes thereto

Chesapeake, etc., Telephone Co. v. MacKenzie, 74 Md. 43.

Supplementary Proceedings.

Ibid. sec. 136. 1890, ch. 558, sec. 87 A.

138. At any time within which an attachment or execution might
issue upon judgment or decree, upon satisfactory proof being made to
the court by affidavit or otherwise by the judgment creditor that it is
probable that the judgment debtor has property or credits which would
be liable to said attachment or execution and that the said judgment

debtor is concealing or has concealed or disposed of the same with intent
to evade the effect of said judgment, the court wherein said judgment
was rendered shall issue an order requiring said debtor to attend and be

examined concerning said property or credits at a time and place speci-
fied in said order, either in open court or before a standing commis-
sioner or examiner as therein directed; the judge, commissioner or

examiner may adjourn the proceedings under such order from time to
time as he may think proper, and at any stage of the proceedings the

court may in its discretion make a further order that any other examina-
tion or testimony be taken by a commissioner or examiner designated
therein.

Ibid. sec. 137. 1890, ch. 558, sec. 87 B.

139. If it shall appear upon proof, by affidavit or otherwise to the
satisfaction of the court, that any person or corporation has property of
the judgment debtor or is indebted to him in a sum of money, the judg-
ment creditor shall be entitled to an order requiring such person or any

of the officers of such corporation to attend and be examined as provided
in the preceding section concerning the debt or other property at a time
and place specified in said order.

Ibid. sec. 138. 1890, ch. 558, sec. 87 c.

140. Upon an examination under either of the two preceding sec-
tions such parties shall testify under oath, and shall not be excused from
answering any questions on the ground that such examinations will tend
to connect such party with the commission of fraud, but such answers
can not be used as evidence against said persons in any criminal action
or proceeding based upon such fraud.

Ibid. sec. 139. 1890, ch. 558, sec. 87 u.

141. Under the proceedings provided in the three preceding sections
the court, in its discretion, shall grant relief unto said judgment cred-

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1695   View pdf image (33K)
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