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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 173   View pdf image (33K)
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ART. 16] PLEADINGS, PRACTICE AND PROCESS. 173

162.

No appeal lies from an order overruling a plea to a bill of complaint,
since it decides a mere question of pleading. This section referred to in
construing article 5, section 26, et seq.—see notes thereto. Peoples v. Ault,.
117 Md. 634.

170.

A rule further proceedings held to have been prematurely entered. Al-
though a defendant may be entitled to have the bill dismissed under this
section, the court is not deprived of its power to reinstate it for satisfactory
reason. Where an answer is filed on February 1st, the plaintiffs have the-
whole of February 16th on which to file a replication; hence a rule further
proceedings may not be entered on the 16th. Norris v. Ahles, 115 Md. 64.

This section referred to in discussing the dismissal of a petition in the
orphans' court for a failure to file a replication. Long v. Long, 115 Md.
135.

175.

This section referred to in deciding that the state may not, without its
consent, be made an obligee in a bond in which it has no interest and
which is not required by law to be executed. State v. Graver, 115 Md. 255-

To both of the notes to section 175 on page 411 of volume 1 of the Anno-
tated Code, add the case of State v. Graver, 115 Md. 255.

To the first note to this section ou page 411 of volume 1 of the Anno-
tated Code, add the case of Williams v. Fidelity & Dep. Co., 121 Md. 226.

186.

This section applied. Before a decree is enrolled it is within the prov-
ince of the court to revise or revoke it, and this is true where the decree
is entered by default. Norris v. Ahles, 115 Md. 65. And see Long v. Long,
115 Md. 135; Long Contracting Company v. Albert, 116 Md. 114.

188.

An original bill is usually resorted to to correct a decree after its enroll-
ment. Long Contracting Co. v. Albert, 116 Md. 114.

199.

To the first and second notes to this section on page 418 of volume 1 of
the Annotated Code, add the case of B. & O. B. R. Co. v. Silbereisen, 121
Md. 413.

201.

To the note to section 201 on page 418 of volume 1 of the Annotated
Code, add the case of Joyce v. Ragan, 117 Md. 44.

205.

An order of court answering a question raised under this section, held1
to be an appealable order since it was in the nature of a final decree.
Buckler v. Safe Deposit Co., 115 Md. 226.

A right of appeal from an order overruling a plea to the whole bill filed

by two of a number of defendants, held not to be sustained by this section.
No order was passed as provided for in this section. Hall v. Hughes, 119
Md. 494.

To the first note to section 205 on page 419 of volume 1 of the Annotated!
Code, add the cases of Cochrane v. Harris, 118 Md. 299; P., B. & W. R.
R. Co. v. Baltimore, 121 Md. 507.

206.

To the first note to section 206 on page 420 of volume 1 of the Annotated
Code, add the case of Cummings v. Wildman, 116 Md. 308.

207.

See notes to section 206.

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 173   View pdf image (33K)
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