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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1749   View pdf image (33K)
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INSOLVENTS. 1749

adjudicated an insolvent under this article shall not have executed and
delivered such schedule and list of debts within ten days after his adjudi-
cation, it shall be the duty of his preliminary trustee to make out a list of
his creditors from the best information he can obtain, and to file the same
with the clerk of the court by which the said insolvent was adjudicated; and
said trustee shall be at liberty to amend said list from time to time; and all
notices addressed to each of the creditors mentioned in said list shall have
the same force and validity for all purposes whatsoever as if said list of
creditors had been prepared and returned by the insolvent himself, along
with his schedule and list of debts, and verified by his affidavit, as required
by the provisions of this article.

Neither creditors nor the insolvent trustee can make a bargain with the insolvent
which relieves him from the duty of surrendering all his property. Action of the
insolvent court held not to amount to approval of such bargain. Cochrane v.
Bridendolph, 72 Md. 280.

An. Code, sec. 31. 1904, sec. 31. 1888, sec. 31. 1854, ch. 193, sec. 20. 1865, ch. 91.

31. Any person interested may appeal from the decision of the court
on any question under this article, provided such appeal be entered within
thirty days and a certified copy of the record be transmitted to the court of
appeals within sixty days from the date of the decision appealed from, but
the execution or effect of any judgment, decree, decision or order appealed
from shall not be suspended or stayed unless a bond shall be given in such
penalty and condition and with such security as the court may prescribe
and approve.

When an appeal lies.

A trustee may appeal from decisions affecting the interests of all the creditors by
diminishing the estate, or where he is defeated in attempts to augment the estate.
Salmon v. Pierson, 8 Md. 298.

A trustee may appeal from an order rescinding his appointment and from an
order injuriously affecting his commissions. Teackle v. Crosby, 14 Md. 24; White v.
Malcolm, 15 Md. 541; Salmon v. Pierson, 8 Md. 299.

An appeals lies from an order removing a trustee and dismissing the petition in
insolvency. Van Nostrand v. Carr, 30 Md. 131.

A trustee may appeal from an order setting aside a sale and suspending a further
sale for one month. McHenry v. McVeigh, 56 Md. 583.

Where a distribution of an insolvent estate is improperly attempted in equity
and the claim of a creditor is disallowed, he may appeal from such order and the
same will be reversed on the ground of lack of jurisdiction. Pierson v. Trail, 1 Md.
143.

This section applied. Paul v. Locust Point Co., 70 Md. 291.

No appeal lies from an order overruling a demurrer to a petition in involuntary
insolvency, and requiring the defendant to answer. The right of appeal as affected
by the policy of insolvent laws. Tawes v. Tyler, 71 Md. 507.

No appeal lies from the refusal of court to grant a rule on insolvent trustee re-
quiring him to show cause why his appointment should not be revoked. (This case
was decided prior to adoption of sec. 31, and the opinion does not show the ground
of the decision). Chase v. Glenn, 1 H. & G. 161.

Generally.

An appeal not taken within thirty days will be dismissed. Spark's Appeal, 18
Md. 418.

While the appeal must be taken within thirty days, the bond may be filed there-
after. Willis v. Wright, 22 Md. 378.

For a case involving question of whether record was transmitted in time, and of
whose fault the delay was, see Glenn v. Chesapeake Bank, 3 Md. 478.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1749   View pdf image (33K)
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