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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 249   View pdf image (33K)
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APPEALS AND EREOES. 249

hold estate is situated; and when so recorded such judgment or decree of
the Court of Appeals shall be a lien in the same manner and with the same
effect as a judgment or decree entered by any other Court of the State of
Maryland and recorded in such county or city in which the real or leasehold
estate is situated.

See art. 26, sec. 19.

An. Code, sec. 72. 1904, sec. 72. 1888, sec. 70. 1812, ch. 145, sec. 2.

78. In case a scire facias shall be issued out of the court of appeals
against heirs or terre tenants, and one or more of the heirs or terre tenants
shall reside in different counties, the scire facias shall be directed to the
sheriff of the proper county, and returned by him to the circuit court
thereof, and duplicates of said scire facias shall be issued and directed to
the sheriff of each county wherein an heir or terre tenant resides—which
duplicates shall be returnable to the circuit court for the county to which
the original scire facias is returnable—and the court to which the same are
returnable, shall proceed therein in the same manner as if said writs had
issued from such court.

An. Code, sec. 73. 1904, sec. 73. 1888, sec. 71. 1812, ch. 145, sec. 2.

79. If the scire facias against heirs or terre tenants be sent to the city
of Baltimore, it and its duplicates shall be returnable to the superior court,
and the same proceedings shall be had in all respects as if the same had
been returned to a circuit court for a county.

An. Code, sec. 74. 1904, sec. 74. 1888, sec. 72. 1812, ch. 145, sec. 2.

80. Any scire facias against heirs or terre tenants, from the court of
appeals, may be sent to the county or city where the defendant in the
original judgment resided, or to the county or city where the land to be
affected by such writ lies.

Abatement in the Court of Appeals.

An. Code, sec. 75. 1904, sec. 75. 1888, sec. 73. 1815, ch. 149. 1888, ch. 42.

81. No case in which an appeal has been prayed or writ of error ap-
plied for, whether the record shall have been transmitted to the court of
appeals or not, shall abate by the death of either of the parties to such appeal
or writ of error if the heir, executor or other proper party to be made a
party shall make the necessary suggestion, and appear to such appeal or
writ of error for the purpose of prosecuting or defending the same; and if
the heir, executor or other proper party to be made a party shall fail to
make such suggestion and appear to such appeal or writ of error within
twenty days after the beginning of the term to which the appeal or writ
of error is taken, it shall be competent for the other party to such appeal
or writ of error to make such suggestion, and thereupon process shall im-
mediately issue to the party named in said suggestion to appear by a day
to be therein named, and be made a party to such appeal or writ of error.

This section applies to cases in which an appeal has been entered during the life-
time of the parties, and not to a case where one of the parties dies before the appeal
ig prayed. Goldschmid v. Meline, 86 Md. 372; Harryman v. Harryman, 49 Md
69. See also Thomas v. Thomas, 57 Md. 509.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 249   View pdf image (33K)
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