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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 620   View pdf image (33K)
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620 ARTICLE 16

This section applied. Before a decree is enrolled it is within the province of the
court to revise or revoke it, and this is true where the decree is entered by default.
Norris v. Ahles, 115 Md. 65. And see Long v. Long, 115 Md. 135; Long Contracting
Company v. Albert, 116 Md. 114.

This section applied. Tabeling v. Tabeling, 157 Md. 434.

Cited but not construed in Iron & Steel Co. v. Page, 165 Md. 214.

See notes to sec. 209.

An. Code, 1924, sec. 202. 1912, sec. 187. 1904, sec. 178. 1888, sec. 165. Rule 49.

208. Clerical mistakes in decrees or decretal orders, or errors arising
from any accidental slip or omission, may, at any time before the enroll-
ment of such decrees or orders, be corrected by order of the court or judge
thereof upon petition, without the form or expense of a rehearing.

This section referred to in deciding that a petition lay to rescind a decree after it is
enrolled. Whitlock Cordage Co. v. Hine, 125 Md. 107.

See notes to sec. 209.

An. Code, 1924, sec. 203. 1912, sec. 188. 1904, sec. 179. 1888, sec. 166. Rule 50.

209. Every petition for rehearing shall contain the special matter or
cause on which such hearing is applied for, and shall be signed by solicitor
or the petitioner himself, and the facts therein stated, if not apparent on
the record, shall be verified by the oath of the party, or by some other
person. No rehearing shall be granted after the enrollment of the decree
or decretal order; and if the decree or order has been executed, parties who
have acted on the faith of such decree or order shall not be prejudiced by
such decree or order being reversed or varied.

This, and the preceding section, do not take from courts of equity their inherent power
to, correct mistakes in their own proceedings at any time, in the exercise of a sound
discretion. While it is well settled as a general rule that after enrollment a decree
cannot be revised, save by a bill of review or an original bill for fraud, this rule does
not apply to a manifest clerical error in a decree, nor to cases not heard on their merits
in which it is alleged that the decree was entered by mistake or surprise, etc. Prim-
rose v. Wright, 102 Md. 108.

The objection that a petition for rehearing was filed after the decree was enrolled
under sec. 207, cannot be made in the court of appeals unless it was raised below. How
such objection may be waived. Cherbonnier v. Goodwin, 79 Md. 61.

This section referred to in deciding that a party might file exceptions to a mortgage
sale in propria persona. Aukam v. Zantzinger, 94 Md. 425.

An original bill is usually resorted to to correct a decree after its enrollment. Long
Contracting Co. v. Albert, 116 Md. 114.

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.

An. Code, 1924, sec. 204. 1912, sec. 189. 1904, sec. 180. 1888, sec. 167. 1886, ch. 453.

210. Where it shall appear that the court has jurisdiction of a case,
but there is doubt as to the residence of a party against whom process is
necessary, or the same be wrongfully alleged, several writs may be issued,
as of course, to as many counties within the State,1 or requisite process
concurrently to different places without the State, or both writs and process,
within and without the State, for service upon such party; but if any
process hereunder be vexatiously or unnecessarily issued, the court may
order the costs of same to be paid by the party asking or directing the issue
of such process.

Cited in Evans v. Zouck, 172 Md. 17.

See notes to sec. 94.

1 [As may be directed.]


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 620   View pdf image (33K)
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