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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 624   View pdf image (33K)
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624 ARTICLE 16

This section held to cure any defect arising out of an injunction not being embraced
in the prayer for that writ. Supreme Lodge v. Simering, 88 Md. 288; Washington
County v. School Commissioners, 77 Md. 291; B. & O. R. R. Co. v. Silbereisen, 121
Md. 413.

The issue and continuance of an injunction, upheld under this section. Horner v.
Nitsch, 103 Md. 508. And see Baltimore v. Poole, 97 Md. 68; B. & O. R. R. Co. v.
Silbereisen, 121 Md. 413.

This section referred to in construing sec. 222—see note thereto. Baker v. Baker,
108 Md. 272.

As to injunctions, see also sec. 86, et seq.

An. Code, 1924, sec. 215. 1912, sec. 200. 1904, sec. 191. 1888, sec. 178. 1886, ch. 441.

221. Any party to the cause or matter, party in interest or party against
whom such mandate or injunction may issue, may move to have the same
discharged or dissolved, and an appeal may be taken by any of such par-
ties from the order granting such mandate or injunction, or the refusal to
discharge or dissolve the same in such cases, and in such manner and on
such terms as is now allowed in cases of injunctions.

This section referred to in construing sec. 222—see note thereto. Baker v. Baker,
108 Md. 272.

See notes to art. 5, sec. 31.

An. Code, 1924, sec. 216. 1912, sec. 201. 1904, sec. 192. 1888, sec. 179. 1886, ch. 441.

222. The court may, at any stage of any cause or matter concerning
property, real or personal, on application, or of its own motion, pass such
order as to it may seem fit, with regard to the possession of the same,
pendente lite, or the receipt of the income thereof, on such terms prelimi-
nary thereto (as to security, etc.,) as to it may seem just, subject to the same
right to move for its discharge, and the same right of appeal as is given
in the preceding section.

This section gives the court power to appoint a receiver in a proper case, but does not
abolish the existing rules determining when a receiver will be appointed. An application
for receivers' held to be under this section, but an appointment not to be justified.
Baker v. Baker, 108 Md. 271; Joyce v. Ragan, 117 Md. 44; Lipskey v. Voloshen, 155
Md. 144.

An. Code, 1924, sec. 217. 1912, sec. 202. 1904, sec. 193. 1888, sec. 180. 1886, ch. 441.

223. The court may, on such terms and conditions (as to security,
&c.,) preliminary thereto, as to it may seem fit, in any cause or matter,
upon application by any party thereto, or party in interest, or of its own
motion, pass an order charging the income, or the interest or dividends on
any property, real or personal, or chose in action, for any purpose, and the
same shall take effect from the time when it shall be by copy served on, or
otherwise come to the knowledge of, the person or persons, or corporation
(through its proper officer), whose duty it might be to pay the same to the
person, persons or corporation otherwise entitled to the same; but such
person or persons or corporations, or any of them, or the person or persons,
or corporation, whose duty it is to pay the same, or any party to the cause or
matter, or in interest, shall be entitled to apply by petition or motion for
the discharge of such order; and such order, or the refusal to discharge the
same, shall be subject to the same right of appeal as that given in sections
220-222.

This section referred to in construing sec. 222—see note thereto. Baker v. Baker,
108 Md. 272.

An. Code, 1924, sec. 218. 1912, sec. 203. 1904, sec. 194. 1888, sec. 181. 1886, ch. 441.

224. All orders or writs issued under the four foregoing sections shall
bind any person or persons, or corporation, against whom the same may be


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 624   View pdf image (33K)
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