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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2414   View pdf image (33K)
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2414 ARTICLE 75.

mandamus or peremptory injunction, to the defendant, commanding him
forthwith to perform the duty to be enforced, or forbidding him to d.o,
repeat or continue the wrong against which an injunction is claimed.
See notes to secs. 7, 134 and 137.

An. Code, sec. 130. 1904, sec. 128. 1888, sec. 121. 1888, ch. 456, sec. 86F.

139. The writ so issued need not recite the declaration or other pro-
ceedings, or the matter therein stated, but shall simply command the per-
formance of the duty, or forbid the doing, repetition or continuance of
the wrong, and in other respects shall be in the ordinary form of a writ
of execution, except that it shall be directed to the party and not to the
sheriff, and may be issued during the sittings of the court or not, and be
returnable forthwith; and no return thereto except that of compliance shall
be allowed; but time to return it may, upon sufficient grounds, be allowed
by the court, either with or without terms.
See notes to secs. 7, 134 and 137.

An. Code, sec. 131. 1904, sec. 129. 1888, sec. 122. 1888, ch. 456, sec. 86G.

140. The writs issued as provided in the foregoing sections shall have
all the force of writs of mandamus as now issued by the courts of this State,
and of writs of injunction as now issued out of the equity courts of this
State; and in case of disobedience, such writs of mandamus and injunction
may be enforced by attachment, and in case of corporations, also by distress,
in accordance with the established chancery practice.
See notes to secs. 7, 134 and 137.

An. Code, sec. 132. 1904, sec. 130. 1888, sec. 123. 1888, ch. 456, sec. 86H.

141. Upon application by the plaintiff the court, in addition to or
instead of proceeding against the disobedient party by attachment, may
direct that the act or acts required to be done may be done by the plaintiff
or some other person appointed by the court, at the expense of the defen-
dant; and upon the act being done the amount of such expense may be
ascertained by the court, either by a writ of inquiry or reference to an
auditor, as the court shall order; and the court may order payment of the
amount of such expenses and costs and enforce the payment thereof by
execution.

See notes to secs. 7, 134 and 137.

An. Code, sec. 133. 1904, sec. 131. 1888, sec. 124. 1888, ch. 456, sec. 861.

142. Whenever a defendant is by law entitled to file pleas in the nature
of a cross-action, he can in such pleas claim any or all of the writs referred
to in the foregoing eight sections, and be subject to all the provisions
therein contained with reference to the same, save such as relate to the
issue of summons.

See notes to secs. 7, 134 and 137.

An. Code, sec. 134. 1904, sec. 132. 1888, sec. 125. 1888, ch. 456, sec. 86J.

143. Whenever the party claiming any of the above writs would be
in any ordinary action entitled to an interlocutory judgment by default,

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2414   View pdf image (33K)
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