clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 497   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

CHANCERY. 497

An. Code, sec. 140. 1904, see. 131. 1888, sec. 118. Rule 2.

155. The several clerks of said courts shall receive and file all papers
pertaining to said courts, respectively, and shall keep substantial dockets,
and make all proper entries therein, of papers filed, and of the proceedings
of the said courts, as they occur; so that the docket entries shall always
show, as near as possible, the real condition and progress of the proceedings.

This section referred to in deciding that where the same land is sold under a
mortgage and under a deed of trust by two different proceedings, and exceptions to
the sale under the deed of trust are filed with the prayer that they be taken as
filed in the mortgage case also, the sale under the mortgage should be ratified, there
being no exceptions filed thereto. Object of this section. Forest Lake Cemetery v.
Baker, 113 Md. 535.

An. Code, sec. 141. 1904, sec. 132. 1888, sec. 119. Rule 3.

156. All original proceedings in said courts shall be commenced by
bill, or by special case stated, as hereinafter provided for; and the term
"bill" shall embrace petition or information, where, by statute, or the
established practice, petition or information be proper.

An. Code, sec. 142. 1904, sec. 133. 1888, sec. 120. Rule 4.

157. No order or process shall be made or issued upon any bill, petition,
or other paper, until such bill, petition, or other paper, together with all the
exhibits referred to as parts thereof, be actually filed with the Clerk of the
Court. Nor shall any injunction or restraining order, or order appointing a
receiver issue until the originals or duly certified copies of all deeds, or
other instruments of record, and verified copies of all documents, papers
or writings not of record, necessary to show the character and extent of
the complainant's interest in the suit shall have been filed, if said instru-
ments of writing be in possession of the plaintiff or accessible to him; if
not, that fact shall be stated in the bill or petition.1

An order reversed for a failure to comply with this section. Chappell v. Clark,
92 Md. 99; Chappell v. Clarke, 94 Md. 179; Beachy v. Heiple, 130 Md. 694. And
see Wetherall v. Hoffman, 142 Md. 687.

This section referred to in deciding that where the same land is sold under a
mortgage and under a deed of trust by two different proceedings, and exceptions to
the sale under the deed of trust are filed with the prayer that they be taken as
filed in the mortgage case also, the sale under the mortgage should be ratified,
there being no exceptions filed thereto. Object of this section. Forest Lake Cemetry
v. Baker, 113 Md. 535.

Granting an injunction and appointing a receiver prior to the filing of a bill of
complaint, condemned. Dixon v. Dixon, 119 Md. 415.

This section applied where a bill filed to charge the lands of a decedent with the
payment of certain money alleged to belong to his children under his will refers to
the will, which, however, is not filed. Henderson v. Harper, 127 Md. 431.

An. Code, sec. 143. 1904, sec. 134. 1888, sec. 121. Rule 11.

158. Whenever a bill is filed, wherein an order of publication is not
prayed, the clerk shall issue the process of subpoena thereon, as of course,
upon the application of the plaintiff, which shall contain the names of the
parties, and be made returnable in the several counties on the first Monday
of the month ensuing the date of its issue, and in Baltimore City shall be

1 Thus amended by equity rule 4, Nov. 21, 1919, adopted by the court of appeals
in accordance with sec. 18 of art. 4 of the Constitution.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 497   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives