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Supplement to the Maryland Code, Containing the Acts of the General Assembly, Passed at the Sessions of 1861, 1861-62, 1864, 1865, 1866, and 1867
Volume 384, Page 46   View pdf image (33K)
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46 CLERKS of COURTS. [ART. 18.
 

CLERKS GENERALLY.

1865, c. 5 amends section 5 as follows:

1865, c 3.
Proceedings
precedent to
issuing an exe-
cution to ano-
ther county.

SEC. 6. The clerk of any of the courts of this
state may issue an execution on judgment or decree
directed to the sheriff of another county, whether a
return of nulla bona to a writ of execution issued to
the sheriff of the county or city, wherein the said
judgment or decree was rendered, has been made or
not, which writ of execution issued and directed to
the sheriff of another county, shall be made returna-
ble to the circuit court of the county to which it
may be sent, and if sent to the city of Baltimore,
returnable to the superior court of said city; and
there shall be sent therewith by the cleric issuing
the same, to the clerk of the court to which said writ
shall be returnable, a copy of the docket entries in
the case upon which the court may proceed on said
execution by renewal or otherwise, in the same man-
ner as if said execution had issued on a judgment or
decree rendered in said court, and attachments on
judgments or decrees, shall be regarded as execu-

Provisos

tions in the meaning of this section ; provided, never-
theless, that no execution or attachment on judg-
ment shall be issued and directed to another county
earlier than the same could be issued and directed
to the sheriff of the county or city wherein the same
may have been rendered, and if there has been no
return of nulla, bona until the plaintiff or plaintiffs,
or his or their attorney of record shall make and file
with the clerk issuing the same, an affidavit that he
or they are unable to discover in the county or city
where the judgment or decree has been obtained
property from which the same can be realized : and,
provided further, that no judgment or decree shall be
a lien upon real estate situated in another county
from that wherein the said judgment or decree was



 

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Supplement to the Maryland Code, Containing the Acts of the General Assembly, Passed at the Sessions of 1861, 1861-62, 1864, 1865, 1866, and 1867
Volume 384, Page 46   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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