PLEADINGS, PRACTICE AND PROCESS AT LAW 2855

An. Code, 1924, sec. 135. 1912, sec. 126. 1904, sec. 124. 1888, sec. 117.
1888, ch. 456, sec. 86B.

135. Upon complying with the provisions of the foregoing section, the
plaintiff may thereupon claim in his declaration, either together with any
other demand which may be enforced in such action, or separately, a writ
of mandamus commanding the defendant to fulfill any duty, in the fulfill-
ment of which the plaintiff is personally interested, or directing the de-
fendant to do any act or acts that he may be bound by contract with the
plaintiff to do, or an injunction forbidding the defendant to do, repeat
or continue to do any act or acts that it is his duty to refrain from doing,
either by contract or otherwise, or either or both of said writs.

See notes to secs. 7, 134 and 137.

An. Code, 1924, sec. 136. 1912, sec. 127. 1904, sec. 125. 1888, sec. 118.
1888, ch. 456, sec. 86C.

136. The declaration in such action shall set forth sufficient grounds
upon which the claim for mandamus or injunction is founded, and that
plaintiff is interested therein; or, that he sustains, or may sustain, damage
by the non-performance of such duty or act, or the doing of, repetition of,
or continuance of any act, and that he has demanded performance, or
discontinuance, and so forth, thereof, and the same has been refused or
neglected.

See notes to secs. 7, 134 and 137.

An. Code, 1924, sec. 137. 1912, sec. 128. 1904, sec. 126. 1888, sec. 119.
1888, ch. 456, sec. 86D.

137. The pleadings and other proceedings in any action, in which a
writ of mandamus or injunction is claimed shall be the same in all respects,
as nearly as may be, and costs shall be recoverable by either party as in
an ordinary action at law; and the defendant may demur to so much of
the plaintiff's declaration as claims such writ, and such demurrer shall
raise the question whether the facts stated as the ground of such claim
disclose any such legal duty as that so sought to be enforced, but shall be
subject to all rules governing general demurrers at law, both as to the
proceedings thereon and thereafter.

Special demurrer. See notes to sec. 134. Zimmerman v. Garfinkel, 144 Md. 397.

The demurrer provided for by this section is a special one and constitutes an excep-
tion to sec. 7. A general demurrer, whether to declaration or to a subsequent pleading,
does not take the place of the special demurrer provided for by this section. Chesapeake,
etc., Telephone Co. v. MacKenzie, 74 Md. 44.

An. Code, 1924, sec. 138. 1912, sec. 129. 1904, sec. 127. 1888, sec. 120.
1888, ch. 456, sec. 86E.

138. In case judgment shall be given to the plaintiff that a mandamus
or injunction do issue, it shall be lawful for the court in which said
judgment is given, if it shall see fit, besides issuing execution in the ordi-
nary way for the costs and damages, also to issue a peremptory writ of
mandamus or peremptory injunction, to the defendant, commanding him
forthwith to perform the duty to be enforced, or forbidding him to do,
repeat or continue the wrong against which an injunction is claimed.

See notes to secs. 7, 134 and 137.

An. Code, 1924, sec. 139. 1912, sec. 130. 1904, sec. 128. 1888, sec 121
1888, ch. 456, sec. 86F.

139. The writ so issued need not recite the declaration or other pro-
ceedings, or the matter therein stated, but shall simply command the per-