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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 626   View pdf image (33K)
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626 ARTICLE 16

was unprofitable in reimbursing itself for new buildings, equipment, etc., see Mercantile
T. & D. Co. v. G.-B.-S. Brewing Co., 122 Md. 503.

For a special case stated under this section involving the validity of a devise to a
church corporation, see Conner v. Trinity Church, 129 Md. 361.

For a special case stated under this section in the nature of a bill for specific per-
formance, see Abell Co. v. Firemen's Ins. Co., 93 Md. 597.

For special cases stated under this section, see Pope v. Baltimore Warehouse Co.,
103 Md. 10; Snyder v. Jones, 99 Md. 693; Joynes v. Hamilton, 98 Md. 680; Rogers v.
Sisters of Charity, 97 Md. 551; Bourke v. Boone, 94 Md. 476; Western Md., etc., Co. v.
Goodwin, 77 Md. 273; Benson v. Linthicum, 75 Md. 143; Franke v. Auerbach, 72 Md.
581; Newbold v. Glenn, 67 Md. 491; Cummings v. Wildman, 116 Md. 308; County
Commrs, v. Board of Education, 175 Md. 280.

Cited but not construed in Hamilton v. Trundle, 100 Md. 276.

Injunction on special case stated under this section denied citizen and taxpayer of
Baltimore; see notes to art. 11, sec. 7, of Constitution. Douty v. Baltimore, 155 Md. 127.

Special case stated under this section. Bill by taxpayer to enjoin issue of Baltimore
City stock. See notes to art. 11, sec, 7, of Maryland Constitution. Thom v. Baltimore,
154 Md. 274.

For special case stated under this section involving the question of the right to carry
out husband's intention to leave land free from debt by paying off mortgage from
personal property, see Stieff v. Millikin, 162 Md. 245.

As to a special case at law, see art. 75, sec. 133.

An. Code, 1924, sec. 222. 1912, sec. 207. 1904, sec. 198. 1888, sec. 185. Rule 46.

228. Such special case .shall concisely state such facts and documents
as may be necessary to enable the court to decide the question intended to
be raised, and it shall be divided into paragraphs, consecutively numbered;
and upon the hearing of such case, the court and the parties shall be at
liberty to refer to the whole contents of such documents, and the court shall
be at liberty to draw from the facts and documents stated and referred to
in such special case, any inference which the court might have drawn
therefrom, if such facts and documents were proved under formal pleading.
And upon such special case stated, the court may decree as upon bill and
answer, and such decree shall be enforced as other decrees are but such
decree shall in no case conclude or affect the rights of any other persons
than those who are parties to such special case, and those claiming under
or through such parties and the right of appeal shall exist as in cases of de-
crees upon bill and answer.

Cited but not construed in Rogers v. Sisters of Charity, 97 Md. 551; Western Md.,
etc., Co. v. Goodwin, 77 Md. 273; Benson v. Linthicum, 75 Md. 143; Franke v. Auer-
bach, 72 Md. 581; Newbold v. Glenn, 67 Md. 491; Baldwin v. Baldwin, 159 Md. 176.

See notes to sec. 227.

An. Code, 1924, sec. 223. 1912, sec. 208. 1904, sec. 199. 1888, sec. 186. Rule 47.

229. Married women may join in any special case stated with their
husbands, and infants having guardians, and lunatics having committees,
may join in such special case by their guardians or committees, in respect
to any interest or right represented by such guardians or committees; and
all the parties to such special case shall sign the same in person or by
solicitor, and the appearance of the parties shall be entered to said case,
as to a cause regularly instituted by formal proceedings; and all the parties
to such special case shall be subject to the jurisdiction of the court in the
same manner as if the plaintiff in the special case had filed a bill against
the parties named as defendants thereto, and such defendants had ap-
peared to such bill, and by answer admitted the facts thereof.

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.

Cited but not construed in Benson v. Linthicum; 75 .Md. 143; Newbold v. Glenn;
67 Md. 491.

See notes to sec. 227.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 626   View pdf image (33K)
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