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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 418   View pdf image (33K)
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418 CHANCERY. [ART. 16

or of its own motion, order the issue of a mandate (affirmative injunc-
tion) or injunction, directing and commanding any party to such cause
or matter, or any party properly brought before it under the existing
practice, to do, or abstain from doing, any act or acts, whether con-
jointly or in the alternative, whether in the nature of specific per-
formance or otherwise named in such mandate or injunction, and may
make such terms and conditions (as to security, &c.,) as to it may seem
fit, preliminary to the granting of such mandate or injunction.

This section held to cure any defect arising out of an Injunction not being
embraced in the prayer for that writ. Supreme Lodge v. Simering, 88 Md.
288; Washington County v. School Commissioners, 77 Md. 291.

The issue and continuance of an injunction, upheld under this section.
Horner v. Nitsch, 103 Md. 508. And see Baltimore v. Poole, 97 Md. 68.

This section referred to in construing section 201—see note thereto. Baker
v. Baker. 108 Md. 272.

As to injunctions, see also sec. 78, et seq.

1904, art. 16, sec. 191. 1888, art. 16, sec. 178. 1886, ch. 441.

200. Any party to the cause or matter, party in interest or party
against whom such mandate or injunction may issue, may move to have
the same discharged or dissolved, and an appeal may be taken by any
of such parties from the order granting such mandate or injunction, or
the refusal to discharge or dissolve the same in such cases, and in such
manner and on such terms as is now allowed in cases of injunctions.

This section referred to in construing section 201—see note thereto. Baker
v. Baker, 108 Md. 272.

Ibid. sec. 192. 1888, art. 16, sec. 179. 1886, ch. 441.

201. The court may, at any stage of any cause or matter concern-
ing property, real or personal, on application, or of its own motion,
pass such order as to it may seem fit, with regard to the possession of
the same, pendente lite, or the receipt of the income thereof, on such
terms preliminary thereto (as to security, etc.,) as to it may seem just,
subject to the same right to move for its discharge, and the same right
of appeal as is given iu the preceding section.

This section gives the court power to appoint a receiver In a proper case,
but does not abolish the existing rules determining when a receiver will be
appointed. An application for receivers held to be under this section, but
an appointment not to be justified. Baker v. Baker, 108 Md. 271.

Ibid. sec. 193. 1888, art. 16, sec. 180. 1886, ch. 441.

202. The court may, on such terms and conditions (as to security.
&c.,) preliminary thereto, as to it may seem fit, in any cause or matter,
upon application by any party thereto, or party in interest, or of its
own motion, pass an order charging the income, or the interest or divi-
dends on any property, real or personal, or chose in action, for any
purpose, and the same shall take effect from the time when it shall be
by copy served on, or otherwise come to-the knowledge of, the person
or persons, or corporation (through its proper officer), whose duty it
might be to pay the same to the person, persons or corporation otherwise
entitled to the same; but such person or persons or corporations, or

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 418   View pdf image (33K)
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