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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 419   View pdf image (33K)
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ART. 16] PLEADING, PEACTICE AND PEOCESS. 419

any of them, or the person or persons, or corporation, whose duty it is
to pay the same, or any party to the cause or matter, or in interest, shall
be entitled to apply by petition or motion for the discharge of such
order.; and such order, or the refusal to discharge the same, shall be
subject to the same right of appeal as that given in sections 199-201.

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

1904, art. 16, sec. 194. 1888, art. 16. sec. 181. 1886, ch. 441.

203. All orders or writs issued under the four foregoing sections
shall bind any person or persons, or corporation, against whom the
same may be passed or issued, from the time when the passing or issu-
ing of the same shall come to the knowledge of such person or persons,
or corporation, by service or otherwise.

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

Ibid. sec. 195. 1888, art. 16. sec. 1S2. 1860, art. 16, sec. 124. 1785, ch. 72.

1790, ch. 60. 1816, ch. 154. 1818. chs. 133. 193. 1828, ch. 184.

1831. ch. 311. 1833, ch. 150.

204. No decree pro confesso shall be passed against an infant or
insane defendant under the preceding sections relating to process; but
such infant or insane defendant shall be proceeded against according to
the provisions of this article relating specially to infants and persons
non compotes mentis.

A nominal decree "pro confesso," held to be actually an interlocutory
decree. Who is entitled to rely upon a violation of this section? Dungan v.
Vondersmith, 49 Md. 251.

As to decrees pro confesso, see sec. 149, ct seq.

Ibid. sec. 196. 1888, art. 16, sec. 183. 1886, ch. 334.

205. If it appear to the court, either from the pleadings or other-
wise, that there is a question of law infany case, which it would be con-
venient to have decided before any evidence is given, or any question
or issue of fact is tried, the court may make an order accordingly, and
may direct such question of law to be raised for the opinion of the
court, either by special case or in such other manner as the court may
deem expedient; and all such proceedings as the decisions of such ques-
tions of law may render unnecessary may therefore be stayed.

This section followed. McEvoy v. Security Fire Ins. Co., 110 Md. 277;
Murphy v. Wheatley, 102 Md. 502; Ridgely v. Cross, 83 Md. 168. Cf. Wickes
v. Wickes, 98 Md. 334.

An order of court answering a question raised under this section, held to
be an appealable order being in the nature of a final decree. Buckler v
Safe Deposit Co., 115 Md. —.
See art. 75, sec. 124.

Ibid. sec. 197. 1888, art. 16, sec. 184. Rule 47.

206. Any person interested, or claiming to be interested, in any
question cognizable by a court of equity, as to the construction of any
statute, deed, will, or other instrument of writing, or as to any other
matter falling within the original jurisdiction of such court, or made

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 419   View pdf image (33K)
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