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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 362   View pdf image (33K)
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362 CHANCERY. [AST. 16

This section referred to in determining what creditors may set aside a
fraudulent conveyance. Spuck v. Logan, 97 Md. 159.

This section referred to in discussing the right of a creditor without a
judgment to attack a conveyance on the ground ,that it is void under a
statute. High Grade Brick Co. u. Amos, 95 Md. 601.

Prior to the act of 1835, ch. 380, section 2, equity would not Interfere, even
against fraudulent conveyances, until Judgment had been obtained. Frederick
Bank v. Shafer, 87 Md. 58; Morton v. Grafflin. 68 Md. 562; Christopher v.
Christopher, 64 Md. 588; Wylie v. Basil, 4 Md. Ch. 329; Richards v. Swan, 7
Gill, 377. Cf. Swan v. Dent, 2 Md. Ch. 117.

Where a bill charges fraud, a plea must be supported by answer—sec. 157.

As to appeals in cases of issues sent to a court of law, see art. 5, sec. 5.

As to fraudulent conveyances, see also articles 45 and 47.

1906, ch. 768.

48. Any married man who shall think that the pledging of his
credit by his wife for necessaries is being abused, may apply by peti-
tion to any court of equity in the city of Baltimore, or in the county
in which he resides, setting forth the facts upon which he relies, and
praying that an order may be passed prohibiting his wife from pledg-
ing his credit. And thereupon a summons shall be issued for his wife,
requiring her to answer the petition within such time as the court may
fix; and if, upon the service of said summons and the expiration of
said time, and proof taken, the court shall be satisfied that the peti-
tioner is supplying his wife with all necessaries to which she is entitled,
or with funds reasonably sufficient to purchase them, having regard
to her station and the means of the petitioner, and that the pledging
of the petitioner's credit is being abused by his wife, the said Court
shall pass an order as prayed in said petition, and notice of the passage
of said order given by the petitioner in writing to any tradesman or
other person shall be sufficient to prevent such tradesman or other
person from recovering from the petitioner for any work thereafter
done for, or goods, wares or merchandise thereafter furnished to the
petitioner's wife or on her order.

As to "Husband and Wife," see art. 45.

1906. ch. 768.

49. Any tradesman or other person who shall, after the receipt of
said notice, institute against the petitioner any action, or make any
effort to collect from him any bill or charge for such goods, wares or
merchandise, or work, shall be liable to an action by the petitioner for
damages for the annoyance and mortification thereby inflicted.

1906. ch. 768.

50. In any application provided for in section 48, the wife shall
be entitled to have counsel for the protection of her interests and
rights, whose service shall be paid for by the petitioner to an amount
to be fixed by the said court; and the wife shall have the right at any
time to apply to the said court for a rescission of the said order in case
the petitioner shall discontinue supplying her with reasonable neces-
saries or funds reasonably sufficient to purchase the same as aforesaid,
and the petition, answer and all other papers filed, and all hearings and

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 362   View pdf image (33K)
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