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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2856   View pdf image (33K)
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2856 ARTICLE 75

formance of the duty, or forbid the doing, repetition or continuance of
the wrong, and in other respects shall be in the ordinary form of a writ
of execution, except that it shall be directed to the party and not to the
sheriff, and may be issued during the sittings of the court or not, and be
returnable forthwith; and no return thereto except that of compliance shall
be allowed; but time to return it may, upon sufficient grounds, be allowed
by the court, either with or without terms.

An. Code, 1924, sec. 140, 1912, sec. 131. 1904, sec. 129. 1888, sec. 122.
1888, ch. 456, sec. 86G.

140. The writs issued as provided in the foregoing sections shall have
all the force of writs of mandamus as now issued by the courts of this State,
and of writs of injunction as now issued out of the equity courts of this
State; and in case of disobedience, such writs of mandamus and injunction
may be enforced by attachment, and in case of corporations, also by distress,
in accordance with the established chancery practice.
See notes to secs. 7, 134 and 137.

An. Code, 1924, sec. 141. 1912, sec. 132. 1904, sec. 130. 1888, sec. 123.
1888, ch. 456, sec. 86H.

141. Upon application by the plaintiff the court, in addition to or
instead of proceeding against the disobedient party by attachment, may
direct that the act or acts required to be done may be done by the plaintiff
or some other person appointed by the court, at the expense of the defen-
dant; and upon the act being done the amount of such expense may be
ascertained by the court, either by a writ of inquiry or reference to an
auditor, as the court shall order; and the court may order payment of the
amount of such expenses and costs and enforce the payment thereof by
execution.

An. Code, 1924, sec. 142. 1912, sec. 133. 1904, sec. 131. 1888, sec. 124.
1888, ch. 456, sec. 861.

142. Whenever a defendant is by law entitled to file pleas in the nature
of a cross-action, he can in such pleas claim any or all of the writs referred
to in the foregoing eight sections, and be subject to all the provisions
therein contained with reference to the same, save such as relate to the
issue of summons.

See notes to secs. 7, 134 and 137.

An. Code, 1924, sec. 143. 1912, sec. 134. 1904, sec. 132. 1888, sec. 125.
1888, ch. 456, sec. 86J.

143. Whenever the party claiming any of the above writs would be
in any ordinary action entitled to an interlocutory judgment by default,
he shall be entitled in any of the actions referred to in the nine foregoing
sections to a final judgment that the writ or writs claimed do issue.

No default. See notes to sec. 134. Zimmerman v. Garfinkel, 144 Md. 397.

See notes to secs. 7, 134 and 137.

An. Code, 1924, sec. 144. 1912, sec. 135. 1904, sec. 133. 1888, sec. 126.
1888, ch. 456, sec. 86K.

144. Any party to any action at law after the commencement thereof,
and whether before or after judgment, may apply by motion ex parte to
the court in which it is pending, for a writ of injunction to restrain the
other party in such action from the repetition or continuance of the wrong-


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2856   View pdf image (33K)
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