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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 469   View pdf image (33K)
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CHANCERY. 469

and exercise all the power, and authority and jurisdiction which the court
of chancery formerly held and exercised, except in so far as the same may
be modified by this code.

Held that this section could not under the circumstances of the case be so con-
strued as to alter or enlarge the jurisdiction of the court beyond the terms of sec.
152. Earle v. Turton, 26 Md. 33.

Cited but not construed in Manly v. State, 7 Md. 147.

This section referred to in construing sec. 117—see notes thereto. Bliss v. Bliss,
133 Md. 73.

An. Code, sec. 86. 1904, sec. 82. 1888, sec. 71. 1852, ch. 16, secs. 2-4.

89. Each of the circuit judges may grant injunctions, or pass orders
or decrees in equity, at any place in his circuit, to take effect in any part
of his circuit, and may require in writing the original papers in any case,
or abstracts and transcripts to be produced before him, wherever he may
be in his circuit.

Under this section and sec. 204, the circuit court for Anne Arundel county has
jurisdiction to issue an injunction to restrain a nuisance or threatened nuisance
(garbage reduction plant) affecting property in that county, though the defendants
are non-residents of the county. Baltimore City v. Sackett, 135 Md. 61.

The circuit court for Baltimore county has no jurisdiction to restrain the inspec-
tion of milk in Baltimore city. Baltimore v. Gamble, 132 Md. 474.

This section referred to in deciding that circuit courts cannot grant injunctions
to operate beyond the territory over which their respective jurisdictions extend.
Graham v. Harford County, 87 Md. 326.

An. Code, sec. 87. 1904, sec. 83. 1888, sec. 72. 1852, ch. 16, sec. 5. 1870, ch. 450, sec: 1.

90. Whenever lands lie partly in one county and partly in another,
or partly in a county and partly in the city of Baltimore, or whenever
persons proper to be made defendants to proceedings in chancery reside,
some in one county and some in another, or some in a county and some in
the city of Baltimore, that court shall have jurisdiction in which proceed-
ings shall have been first commenced; provided, that all proceedings for
any partition of real estate, to foreclose mortgages on land, or to sell lands
under a mortgage, or to enforce any charge or lien on the same shall be
instituted in the court of the county or the city of Baltimore where such
lands lie; or if the lands lie partly in one county and partly in another,
or partly in one county and partly in the city of Baltimore, then such, pro-
ceedings may be commenced in either county or in the city of Baltimore;
provided, that in case of any sale of land under a decree of a court in any
county where part only of the lands lie, a copy of the bill, decree, and trus-
tee's report of sale, and in case of partition of real estate, a copy of the bill
and the final decree of partition, certified under the official seal by the clerk
of the court in which the proceedings were commenced, shall be filed in the
clerk's office of the court of the county, or of the city of Baltimore, where
any other part of such lands shall lie; and on receipt of such copies by the
clerk of such court, it shall be his duty forthwith to docket and index the
said bill and other proceedings in his chancery docket, and to record the
same as though said cause had originated in his court. When the de-
fendants, or any of them, reside in a different county from that in which
the land lies which is to be affected by a suit, the circuit court for the county
(or Baltimore city) where the land or any part thereof lies shall alone have

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 469   View pdf image (33K)
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