ART. 64. ] PROCEEDINGS IN ACTIONS AT LAW.
officer, to the satisfaction of the court from which the same issued,
such delivery shall have the same effect to charge the sheriff, or
|
621
|
other officer, as if delivered under the provisions of the preceding
sections
143. The city of Baltimore shall be regarded as a county so far
as relates to the sending of process of any kind from one county to
another, and each of its courts, within its respective jurisdiction,
shall have all the powers of the Circuit Court for a county in rela-
tion to such process, but all executions or attachments on judgments
or decrees sent from another county shall be made returnable to the
Superior Court of said city.
|
Id a 114
1852, c 50, 169,
357
City of Balti-
more to be
regarded as a
county so far as
relates to the
sending of
process
Executions
from another
county return-
able to Superior
Court
|
144. The clerks of the courts of this State may issue an execu-
tion on judgment or decree at any time after the rendition thereof,
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 returnable 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 clerk 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 exe-
cution, by renewal or otherwise, in the same manner as if said exe-
cution had issued OH a judgment or decree rendered in said court,
and an attachment on judgment or decree shall be regarded as an
execution within the meaning of this section; provided, nevertheless,
that no execution or attachment on judgment shall be issued and di-
rected to another county, if there has been no return of nulla bona
until the plaintiff or plaintiffs, or his or their attorney of record shall
|
1878, c 475
Proceedings
precedent to
issuing an exe-
cution to ano-
ther county
3 Md 357, 21
Md 575, 31 Md
521, 43 Md 295
|
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
|
Affidavit.
|
a lien upon real estate situated in another county from that wherein
the said judgment or decree was obtained, or in the city of Balti-
more, except from the date of the entry of the copy of the docket
entries by the clerk of the court to which the said writ shall be re-
turnable.
HABERE FACIAS POSSESSIONEM.
|
Lien
|
145, Whenever any lands or tenements shall be sold by any
sheriff, constable, coroner, or elisor, by virtue of any process or ex-
ecution from any court or justice of the peace of this State, or by
any trustee, under the decree of any court of this State, by the
trustee of any insolvent petitioner, by any trustee under any volun-
tary deed of trust, or by any mortgagee under a mortgage with
power to sell, and the debtor named in such execution or decree,
|
1878, c 141
Writ of habere
facias possessi-
onem, when to
be issued and
how obtained
20 Md 5, 25
Md 317, 32 Md
116, 297, 34 Md
53, 42 Md 378,
45 Md 85, 47
Md 43, 50
|
|
|