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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 420   View pdf image (33K)
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420 CHANCERY. [AET. 16

subject to the jurisdiction thereof by statute, may state and raise such
question before the court in the form of a special case stated, instead of
formal pleading. Every such special case stated shall be entitled as a
cause between some one or more of the parties interested, or claiming
to be interested, as plaintiff or plaintiffs, and the others of them as
defendants; and such special case shall be regularly docketed as a cause
pending in said court, and shall be in all respects, and for all purposes,
treated and regarded as a pending cause, as if regularly instituted by
formal pleading.

For special cases stated under this section, see Pope v. Baltimore Ware-
house Co., 103 Md. 10; Snyder v. Jones, 99 Md. 693; Joynes v. Hamilton, 98
Md. 680; Rogers v. Sisters of Charity, 97 Md. 551; Bourke v. Boone, 94 Md
476; Western Md., etc., Co. v. Goodwin, 77 Md. 273; Benson v. Linthicum,
75 Md. 143; Franke v. Auerbach, 72 Md. 581; Newbold v. Glenn, 67 Md, 491.
For a special case stated under this section in the nature of a bill for
specific performance, see Abell Co. v. Firemen's Ins. Co., 93 Md. 597.
Cited but not construed in Hamilton v. Trundle, 100 Md. 276.
As to a special case at law, see art. 75, sec. 124.

1904, art. 16, sec. 198. 1888, art. 16, sec. 185. Rule 48.

207. Such special case shall concisely state such facts and docu-
ments as may be necessary to enable the court to decide the question
intended to be raised, and it shall be divided into paragraphs, con-
secutively numbered; and upon the hearing of such case, the court and
the parties shall be at liberty to refer to the whole contents of such
documents, and the court shall be at liberty to draw from the facts and
documents stated and referred to in such special case, any inference
which the court might have drawn therefrom if such facts and docu-
ments were proved under formal pleading. And upon such special case
stated, the court may decree as upon bill and answer, and such decree
shall be enforced as other decrees are; but such decree shall in no case
conclude or affect the rights of any other persons than those who are
parties to such special case, and those claiming under or through such
parties; and the right of appeal shall exist as in cases of decrees upon
bill and answer.

Cited but not construed in Rogers v. Sisters of Charity, 97 Md. 551; West-
ern Md., etc, Co. v. Goodwin, 77 Md. 273; Benson v. Linthicum, 75 Md. 143;
Franke v. Auerbach, 72 Md. 581; Newbold v. Glenn, 67 Md. 491.
See notes to sec. 206.

Ibid. sec. 199. 1888, art. 16, sec. 186. Rule 49.

208. Married women may join in any special case stated with their
husbands, and infants having guardians, and lunatics having commit-
tees may join in such special case by their guardians, or committees, in
respect to any interest or right represented by such guardians or com-
mittees; and all the parties to such special case shall sign the same in
person or by solicitor, and the appearance of the parties shall be entered
to said case, as to a cause regularly instituted by formal proceedings;
and all the parties to such special case shall be subject to the jurisdic-
tion of the court in the same manner as if the plaintiff in the special
case had filed a bill against the parties named as defendants thereto,

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 420   View pdf image (33K)
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