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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2857   View pdf image (33K)
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PLEADINGS, PRACTICE AND PROCESS AT LAW 2857

ful act or breach of contract complained of, or the committal or injury
of a like kind arising out of the same contract, or relating to the same
property or right; and judgment may be given that such writ may be
granted or denied by the court upon such terms as to the duration of the
writ, keeping an account, giving security, or otherwise, as to such court

may seem reasonable and just.

Where an appeal is pending from a judgment in favor of plaintiff against a railroad
company, involving latter's right to maintain and use a siding, a motion for an injunc-
tion restraining such maintenance and use is properly denied. Symington v. Hines,
137 Md. 449.

See notes to secs. 7, 134 and 137.

An. Code, 1924, sec. 145. 1912, sec. 136. 1904, sec. 134. 1888, sec. 127.
1888, ch. 456, sec. 86L.

145. A judgment for the issue, or refusing the issue of any of the writs
referred to in any of the ten foregoing sections, shall be subject to the
same right of appeal as other final judgments, but the operation of the
writs, when issued, shall only be stayed on appeal when the court issuing
the same shall, in its discretion, pass an order directing such stay; which
order shall be conditioned upon the appellant giving bond, with penalty
therein fixed, to answer for all costs and damages caused by such stay if

such appeal be not prosecuted with effect.

Action held in effect an appeal from final judgment under this section. See notes
to sec. 134. Zimmerman v. Garfinkel, 144 Md. 397.

See notes to secs. 7, 134 and 137.

As to the right of appeal, see art. 5.

An. Code, 1924, sec. 146. 1912, sec. 137. 1904, sec. 135. 1888, sec. 128.
1888, ch. 456, sec. 86M.

146. Nothing contained in the twelve foregoing sections shall be taken
as in any manner modifying or impairing the jurisdiction of the courts
of common law, as now established, in regard to the issue of the writ of
mandamus, or of the court of chancery in matters of injunction.

Secs. 134-146 cited in holding that injunction not needed to prevent injury pending
litigation as to right to share in use of alley. Finglass v. Franke Sons Co., 172 Md. 135.

See notes to secs. 7, 134 and 137.

Supplementary Proceedings.

An. Code, 1924, sec. 147. 1912, sec. 138. 1904, sec. 136. 1890, ch. 558, sec. 87A.

1935, ch. 279.

147. At any time within which an attachment or execution might issue
upon judgment or decree upon satisfactory proof being made to the court
by affidavit or otherwise by the judgment creditor that it is probable that
the judgment debtor has property or credits which would be liable to said
attachment or execution and that the said judgment debtor is concealing
or has concealed or disposed of the same with intent to evade the effect of
said judgment, or at any time after the expiration of ninety (90) days
from the entry of any final judgment or decree where said judgment or
decree has not been paid or satisfied, the court wherein said judgment was
rendered shall issue an order requiring said debtor to attend and be ex-
amined concerning said property or credits at a time and place specified
in said order, either in open court or before a standing commissioner or
examiner as therein directed; the judge, commissioner or examiner may
adjourn the proceedings under such order from time to time as he may
think proper, and at any stage of the proceedings the court may in its dis-


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2857   View pdf image (33K)
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