clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 375   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

ART. 16] JURISDICTION. 375

Held that this section could not under the circumstances of the case be so
construed as to alter or enlarge the jurisdiction of the court beyond the terms
of section 137. Earle v. Turton, 26 Md. 33.

Cited but not construed in Manly i: State, 7 Md. 147.

1904, art. 16, sec. 82. 1888, art. 16, sec. 71. 1860. art. 16, sec. 57.
1852, ch. 16, secs. 2-4.

86. Each of the circuit judges may grant injunctions, or pass
orders or decrees in equity, at any place in his circuit, to take effect
in any part of his circuit, and may require in writing the original
papers in any case, or abstracts and transcripts to be produced before
him, wherever he may be in his circuit.

This section referred to in deciding that circuit courts can not grant
injunctions to operate beyond the territory over which their respective Juris-
dictions extend. Graham v. Harford County, 87 Md. 326.

Ibid. sec. 83. 1888, art. 10, sec. 72. 1860. art. 16, sec. 58. 1832, ch.16, sec. 5.

1S70. ch. 450, sec. 1.

87. Whenever lands lie partly in one county and partly in another,
or partly in a county and partly in the city of Baltimore, or whenever
persons proper to be made defendants to proceedings in chancery reside,
some in one county and some in another, or some in a county and
some in the city of Baltimore, that court shall have jurisdiction in
which proceedings shall have been first commenced; provided, that all
proceedings for any partition of real estate, to foreclose mortgages on
land, or to sell lands under a mortgage, or to enforce any charge or lien
on the same shall be instituted in the court of the county or the city
of Baltimore where such lands lie; or if the lands lie partly in one
county and partly in another, or partly in one county and partly in
the city of Baltimore, then such proceedings may be commenced in
either county or in the city of Baltimore; provided, that in case of any
sale of land under a decree of a court in any county where part only
of the lands lie, a copy of the bill, decree, and trustee's report of sale,
and in case of partition of real estate, a copy of the bill and the final
decree of partition, certified under the official seal by the clerk of the
court in which the proceedings were commenced, shall be filed in the
clerk's office of the court of the county, or of the city of Baltimore,
where any other part of such lands shall lie; and on receipt of such
copies by the clerk of such court, it shall be his duty forthwith to docket
and index the said bill and other proceedings in his chancery docket,
and to record the same as though said cause had originated in his court.
When the defendants, or any of them, reside in a different county from,
that in which the land lies which is to be affected by a suit, the circuit
court for the county (or Baltimore city) where the land or any part
thereof lies shall alone have jurisdiction; and process may be sent to the
county or counties wherein the defendants respectively reside, to be
served by the sheriff of such county or counties upon the defendants
named therein, and returnable as directed in the summons.

Intent of this section. Notice should be given by record in the clerk's
office of the county where the land lies, at least before a sale of the land.
The better practice is to send to said court a certified copy of each proceed-
ing as soon as it is filed. History of this section. Rights of innocent pur-

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 375   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  Cannot perform flastmod(): Win32 Error Code = 2

Maryland State Archives