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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 518   View pdf image (33K)
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518 ARTICLE 16.

An. Code, sec. 201.. 1904, sec. 192. 1888, sec. 179. 1886, ch. 441.

216. The court may, at any stage of any cause or matter concerning
property, real or personal, on application, or of its own motion, pass such
order as to it may seem fit, with regard to the possession of the same,
pendente lite, or the receipt of the income thereof, on such terms prelimi-
nary thereto (as to security, etc.,) as to it may seem just, subject to the same
right to move for its discharge, and the same right of appeal as is given in
the preceding section.

This section gives the court power to appoint a receiver in a proper case, but
does not abolish the existing rules determining when a receiver will be appointed.
An application for receivers held to be under this section, but an appointment
not to be justified. Baker v. Baker, 108 Md. 271; Joyce v. Ragan, 117 Md. 44.

An. Code, sec. 202. 1904, sec. 193. 1888, sec. 180. 1886, ch. 441.

217. The court may, on such terms and conditions (as to security,
&c.,) preliminary thereto, as to it may seem fit, in any cause or matter,
upon application by any party thereto, or party in interest, or of its own
motion, pass an order charging the income, or the interest or dividends on
any property, real or personal, or chose in action, for any purpose, and the
same shall take effect from the time when it shall be by copy served on, or
otherwise come to the knowledge of, the person or persons, or corporation
(through its proper officer), whose duty it might be to pay the same to the
person, persons or corporation otherwise entitled to the same; but such
person or persons or corporations, or any of them, or the person or persons,
or corporation, whose duty it is to pay the same, or any party to the cause or
matter, or in interest, shall be entitled to apply by petition or motion for
the discharge of such order; and such order, or the refusal to discharge the
same, shall be subject to the same right of appeal as that given in sections
214-216.

This section referred to in construing sec. 216—see note thereto. Baker v. Baker,
108 Md. 272.

An. Code, sec. 203. 1904, sec. 194. 1888, sec. 181. 1886, ch. 441.

218. All orders or writs issued under the four foregoing sections shall
bind any person or persons, or corporation, against whom the same may be
passed or issued, from the time when the passing or issuing of the same
shall come to the knowledge of such person or persons, or corporation, by
service or otherwise.

This section referred to in construing sec. 216—see note thereto. Baker v. Baker,
108 Md. 272.

An. Code, sec. 204. 1904, sec. 195. 1888, sec. 182. 1785, ch. 72. 1790, ch. 60. 1816, ch. 154.
1818, chs. 133, 193. 1828, ch. 184. 1831, ch. 311. 1833, ch. 150.

219. No decree pro confesso shall be passed against an infant or insane
defendant under the preceding sections relating to process; but such infant
or insane defendant shall be proceeded against according to the provisions
of this article relating specially to infants and persons non compotes mentis.
A nominal decree " pro confesso," held to be actually an interlocutory decree.
Who is entitled to rely upon a violation of this section? Dungan v. Vondersmith,
49 Md. 251.
As to decrees pro confesso, see sec. 164, et seq.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 518   View pdf image (33K)
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