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1929 Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 376, Page 75   View pdf image (33K)
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CHANCERY. 75
173.

While demurrer to bill and to each paragraph thereof is proper if causes of
injury from which relief is sought are separate and distinct, this condition does
not apply where conveyances complained of are all in one paragraph. Lipskey
v. Voloshen, 155 Md. 142.

Demurrer declared frivolous and unfounded and bill ordered to be taken pro
confesso and case to proceed ex parte. Winner v. Westerman, 144 Md. 130.

Answer may be treated as demurrer—effect of. Hill v. Finder, 150 Md. 406.

See notes to sec. 220.

178.

Presumption that court "otherwise specially'' ordered when it expressly
authorized defendants to file answer after overruling demurrer. Robbins v.
Dorsey, 150 Md. 271.

179.

Demurrer and answer may be in same paper. Hendler Creamery Co. v.
Lillich, 152 Md. 192.

See notes to sees. 173 and 220.

An, Code, 1924, sec. 192. 1912, sec. 171. 1904, sec. 168. 1888, sec. 155.
1832, ch. 302, sec. 6. 1874, ch. 312. 1927, ch. 643. 1929, ch. 410.

192. In all cases in the courts of equity, it shall be the duty of the
said court to file their opinions for or in respect of any final decree or
decretal order, whenever such decree or order shall have passed upon argu-
ment, oral or in writing, on the part of any of the parties in such cause;
this section not to apply to Baltimore City or Baltimore County.

203.

Court of Appeals will not consider petition for rehearing after decree when
there is nothing to indicate any injustice sustained by petitioner or abuse of
power by court. No rehearing after decree enrolled. Bortner v. Leib, 146 Md.
534.

205.

See notes to art. 3. sec. 38, of Constitution. This section may be relied upon
to enforce money decree; case remanded for further proceedings under this sec-
tion. Dickey v. Dickey, 154 Md. 681.

216.

To note to this section, page 518, vol. 1, of Code, add Lipskey v. Voloshen,
155 Md. 144.

220.

Questions which may be heard by court in advance of main case; action of
complainants in asking such hearing not equivalent to demurrer or exception,
Ruhl v. Wagner. 146 Md. 601.

221.

Injunction on special case stated under this section denied citizen and tax-
payer of Baltimore; see notes to art. 11, sec. 7, of Constitution Douty v Balti-
more, 155 Md. 127.

Special case stated under this section. Bill by taxpayer to enjoin issue of
Baltimore City stock. See notes to art. 11, sec. 7, of Maryland Constitution.
Thom v. Baltimore, 154 Md. 274.

Sales.
232.

Deficiency decree may only be entered against party who might be sued on
covenants in mortgage; not against guarantor. Kushnick v. Bldg & Loan Assn.,
153 Md. 644.


 

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1929 Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 376, Page 75   View pdf image (33K)
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