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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 373   View pdf image (33K)
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AET. 16] INJUNCTIONS. 373

tempt, and no title shall be deemed to have passed to him; and he may
be required to surrender to the court, on its order, the property, money,
or choses in action, of which he has become possessed; but if the pur-
chaser, taker or assignee, be innocent of contempt, his title, if other-
wise good, shall be protected; and the court shall take proof of the value
of such property, money, or choses in action, disposed of, or assigned;
and the fine in all cases provided for in this section shall remain to the
credit of the cause in which the injunction issued, and in the event of
final judgment in favor of the party injured, so much thereof as the
court may adjudge shall go to him, and the remainder go as other fines
do; and the court may imprison for non-compliance with their order to
pay such fine, and may issue execution, in the name of the State, for its
collection.

1904, art. 10. sec. 70. 1SSS. art. 10. sec. 05. 1800. art. 10, sec. 53. 1785. ch. 72,

sec. 28. 1876, ch. 224.

80. If any person under attachment for violating an injunction
shall establish his innocence of the charge, he shall be discharged with
his costs, which shall be paid by the party complaining.

Ibid. sec. 77. 18S8. art. 10. sec. 66. 1860, art. 16, sec. 54. 1793, ch. 75, sec. 3.

81. Whenever an application shall be made by an executor or admin-
istrator for an injunction to stay proceedings at law, the court may, in
its discretion, prescribe the penalty of a bond, which shall be executed to
the plaintiff at law, with security approved by the court, before the
injunction shall be granted, and the condition of such bond shall be to
perform such order or decree as the court shall finally pass in the cause
on the hearing of both parties; and whenever an injunction is obtained
by an executor or administrator, on filing a bill and executing a bond
as aforesaid, the court shall have full power and discretion to decree
against such executor or administrator, as equity and good conscience
shall seem to require.

Cited but not construed in Russell v. Farley, 105 U. S. 433.

Ibid. sec. 78. 1888. art. 10, sec. 67. 1860. art. 16. sec. 55. 1799, ch. 79. sec. 10.
82. In all cases where a sheriff, or other officer, is prevented by an
injunction from selling personal property taken in execution, he shall
deliver back the property taken in execution to the party from whom it
was taken, and shall not be answerable to the plaintiff at law on account
of the same.

This section has no application where the sale has been consummated
before the injunction issued. Dall v. Traverse. 8 Gill. 45 .

This section is limited to personal property. This section does not impair

the sheriffs right to poundage fees. Cape Sable Company's Case, 3 Bl. 637.

The acts of Maryland regulating injunction and other chancery proceedings

are of no force in relation to the courts of the United States. Boyle v.

Zacharie. 6 Pet. 648

Cited but not construed in Coombs v. Jordan, 3 Bl. 325.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
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