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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 514   View pdf image (33K)
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514 ARTICLE 16.

or the petitioner himself, and the facts therein stated, if not apparent on
the record, shall be verified by the oath of the party, or by some other
person. No rehearing shall be granted after the enrollment of the decree
or decretal order; and if the decree or order has been executed, parties who
have acted on the faith of such decree or order shall not be prejudiced by
such decree or order being reversed or varied.

This, and the preceding section, do not take from courts of equity their inherent
power to correct mistakes in their own proceedings at any time, in the exercise of
a sound discretion. While it is well settled as a general rule that after enrollment a
decree cannot be revised, save by a bill of review or an original bill for fraud, this
rule does not apply to a manifest clerical error in a decree, nor to cases not heard
on their merits in which it is alleged that the decree was entered by mistake or sur-
prise, etc. Primrose v. Wright, 102 Md. 108.

The objection that a petition for rehearing was filed after the decree was enrolled
under sec. 201, cannot be made in the court of appeals unless it was raised below.
How such objection may be waived. Cherbonnier v. Goodwin, 79 Md. 61.

This section referred to in deciding that a party might file exceptions to a mortgage
sale in propria persona. Aukam v. Zantzinger, 94 Md. 425.

An original bill is usually resorted to to correct a decree after its enrollment.
Long Contracting Co. v. Albert, 116 Md. 114.

An. Code, sec. 189. 1904, sec. 180. 1888, sec. 167. 1886, ch. 453.

204. Where it shall appear that the court has jurisdiction of a case,
but there is doubt as to the residence of a party against whom process, is
necessary, or the same be wrongfully alleged, several writs may be issued,
as of course, to as many counties within the State,1 or requisite process
concurrently to different places without the State, or both writs and process,
within and without the State, for service upon such party; but if any
process hereunder be vexatiously or unnecessarily issued, the court may
order the costs of same to be paid by the party asking or directing the issue
of such process.

See notes to sec. 89.

An. Code, sec. 190. 1904, sec...181. 1888, sec. 168. 1773, ch. 7, sec. 3.
1785, ch. 72, secs. 19, 20, 25, 26. 1818, ch. 193, sec. 4.

205. The court may, for the purpose of executing a decree, or to com-
pel the defendant to perform and fulfil the same, issue attachment of con-
tempt, attachment with proclamations and sequestration against the
defendant, and may order an immediate sequestration of the real and per-
sonal estate and effects of the defendant, or such parts thereof as may be
necessary to satisfy the decree and clear the contempts, or may issue a
fieri facias against the lands and tenements, goods and chattels of the de-
fendants, to satisfy the said decree, or may issue an attachment by way
of execution against the lands, tenements, goods, chattels and credits of the
defendant, to satisfy the said decree; or the court may cause, by injunction,
the possession of the estate and effects whereof the possession or a sale is
decreed to be delivered to the plaintiff, or otherwise, according to the tenor
and import of such decree, and as the nature of the case may require; and
in case of sequestration, the court shall order payment and satisfaction to
be made out of the estate and effects so sequestered, according to the true
intent and meaning of the decree; and in case any defendant shall be
arrested and brought into court upon any process of contempt issued to

1 [As may be directed.]

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 514   View pdf image (33K)
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