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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 519   View pdf image (33K)
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CHANCERY. 519

An. Code, sec. 205. 1904, sec. 196. 1888, sec. 183. 1886, ch. 334.

220. If it appear to the court, either from the pleadings or otherwise,
that there is a question of law in any case, which it would be convenient
to have decided before any evidence is given, or any question or issue of fact
is tried, the court may make an order accordingly, and may direct such
question of law to be raised for the opinion of the court, either by special
case or in such other manner as the court may deem expedient; and all such
proceedings as the decisions of such questions of law may render unneces-
sary may therefore be stayed.

An order of court answering a question raised under this section, held to be an
appealable order since it was in the nature of a final decree. Buckler v. Safe Deposit
Co., 115 Md. 226.

Right of appeal from an order overruling plea to the whole bill filed by two of
several defendants, held not sustained by this section. No order was passed as pro-
vided for in this section. Hall v. Hughes, 119 Md. 494.

This section followed. McEvoy v. Security Fire Ins. Co., 110 Md. 277; Murphy v.
Wheatley, 102 Md. 502; Ridgely v. Cross, 83 Md. 168. C/. Wickes v. Wickes, 98
Md. 334; Cochrane v. Harris, 118 Md. 299; P., B. & W. R. R. Co. v. Baltimore, 121
Md. 507.

See art. 75, sec. 133.

An. Code, sec. 206. 1904, sec. 197. 1888, sec. 184. Rule 45.

221. Any person interested, or claiming to be interested, in any ques-
tion cognizable by a court of equity, as to the construction of any statute,
deed, or other instrument of writing, or as to any other matter falling within
the original jurisdiction of such court) or made subject to the jurisdiction
thereof by statute, may state and raise such question before the court in
the form of a special case stated, instead of formal pleading. Every such
special case stated shall be entitled as a cause between some one or more
of the parties interested, or claiming to be interested, as plaintiff or plain-
tiffs, and the others of them as defendants; and such special case shall be
regularly docketed as a cause pending in said court, and shall be in all
respects, and for all purposes, treated and regarded as a pending cause, as
if regularly instituted by formal pleading.

Case involving an amicable controversy between a life beneficiary and remainder-
men to determine whether certain stock which was distributed was income or corpus,
stated under this section. Krug v. Mercantile Trust & Dep. Co., 133 Md. 111.

For a special case stated under this section involving the question of the right of
a mortgagor in a deed of trust to use the proceeds of certain of the trust property
which was unprofitable in reimbursing itself for new buildings, equipment, etc., see
Mercantile T. & D. Co. v. G.-B.-S. Brewing Co., 122 Md. 503.

For a special case stated under this section involving the validity of a devise to a
church corporation, see Conner v. Trinity Church, 129 Md. 361.

For a special case stated under this section in the nature of a bill for specific per-
formance, see Abell Co. v. Firemen's Ins. Co., 93 Md. 597.

For special cases stated under this section, see Pope v. Baltimore Warehouse Co.,
103 Md. 10; Snyder v. Jones, 99 Md. 693; Joynes v. Hamilton, 98 Md. 680; Rogers
v. Sisters of Charity, 97 Md. 551; Bourke v. Boone, 94 Md. 476; Western Md., etc.,
Co. v. Goodwin, 77 Md. 273; Benson v. Linthicum, 75 Md. 143; Franke v. Auerbach,
72 Md. 581; Newbold v. Glenn, 67 Md. 491; Cummings v. Wildman, 116 Md. 308.

Cited but not construed in Hamilton v. Trundle, 100 Md. 276.

As to a special case at law, see art. 75, sec. 133.

An. Code, sec. 207. 1904, sec. 198. 1888, sec. 185. Rule 46.
222. Such special case shall concisely state such facts and documents
as may be necessary to enable the court to decide the question intended to

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 519   View pdf image (33K)
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