clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Revised Code of the Public General Laws, 1879
Volume 388, Page 592   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

592 PROCEEDINGS IN ACTIONS AT LAW. [ART. 64.
 

LIEN OF STATE'S SUIT.

1878. c 237
All lands of
debtor to State
bound from the
issue of the
writ.
34 Md 345,
1 H & J 546;
1 Bl 443, 503,
3B1 640

30. All lands and tenements belonging to any person indebted
to this State, after the commencement of a suit therefor against him,
shall be liable to execution on any judgment or decree which may be
rendered against him in such suit, in whosesoever hands or possession
the said lands or tenements may be found; but where the debtor
hath granted or may hereafter grant any road, way, or easement in
or over any lands liable as aforesaid the rights accruing through or
by such grant, shall not be affected by the preceding provisions of
this section, provided, however, that all existing rights of the State

Exception.

now vested shall not be in any way diminished or released, except
as herein provided.

IN PRIVILEGE.

Art 29, s 3
1805, c 65, s 51
Privilege
13 Md 59,
4H & McH 295

31. No person shall sue or be sued in privilege.

ABATEMENT.

Art 2, s 1.
1785, c 80, s 1,
1787, c 9, B 7,
1801, c 74, s 38,
1815, c 149, s 3,
1849, c 617, s 1
What actions at
law shall not
abate by death
of parties
thereto
1 Md 107, 31
Md 199, 9 Gill
97, 3 G & J 1,
2H & J 37, 435,
7 H & J 134.

ow new de-
ndants made

3 2. No action of ejectment, waste, partition, dower, replevin,
or any personal action, including appeals from judgments ren-
dered by justices of the peace, in any court of law in this State,
shall abate by the death of either or any of the parties to such ac-
tion, but upon the death of any defendant the action shall be con-
tinued, and the heir or executor of the defendant, or other person
interested on the part of the defendant, may appear to such action,
and in case the proper person to defend doth not appear at the court
at which the death is suggested, the plaintiff may issue a summons
returnable to the next court, directed to the proper person to defend
such action, ' and upon such summons being served, the person sum-
moned shall appear; this not to apply to actions for slander, or for
injuries to the person.

Id s 2
1785, c. 80, s 1
Proceedings on
failure of new
defendant to
appear

33. If such person shall fail to appear upon being summoned as
aforesaid, the court shall issue an attachment of contempt against
such person. and compel him to appear to such action; and if any
person, being summoned as aforesaid, shall refuse or neglect to ap-
pear to such action by the fourth day of the court nest after the
court to which such person may be summoned to appear, then the
court may cause the appearance of such person to be entered, and
there shall be the same proceedings therein as if such person had
voluntarily appeared, and all the proceedings had before the death
of the party shall be considered as proceedings in the action, and
such further proceedings shall be had to bring the cause fairly to

Id s 3
1785, c 80, s 1
Who made par-
ties on death of
plaintiff.
5 Md 433, 39
Md 19,
8 Cranch 85,
3 G & J 75,
11 G. & J 405

trial as the court may deem proper.
34. If the plaintiff in any action mentioned herein shall die be-
fore judgment is given, the heir, executor, or other proper person to
prosecute such action may appear and prosecute the same, but if
such person does not appear to prosecute such action at the court
at which the death is suggested, then the defendant may issue a sum-



 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Revised Code of the Public General Laws, 1879
Volume 388, Page 592   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives