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The Maryland Code Public General Laws, 1904
Volume 393, Page 1689   View pdf image (33K)
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ART. 75] SPECIAL CASE—INJUNCTION—MANDAMUS. 1689

herein provided, the said cause shall remain in the said court
for trial as if the same had originated therein.

Special Case Stated.

1888, art. 75, sec. 115. 1888, ch. 264.

122. At any stage of an action or proceeding in a court of
law, the court may, on application of any party in interest, or
of its own motion if it shall appear that there is a question or
questions of law which it would be convenient to have decided
before going further, direct such question or questions to be
raised for the court's decision, either upon a special case
stated, or in such other manner as the court may order; and
all such further proceedings as may be rendered unnecessary
by the decision of such question or questions shall upon the
decision be stayed, and such special case stated, or such pro-
ceedings as show the questions so decided and the decision
thereon shall form part of the record and be reviewable on
appeal after final judgment in the case.

Summons With Claim for Injunction or Mandamus.

1888, art 75, sec. 116. 1888, ch. 466, sec. 86 A.

123. The plaintiff in any action at law (except ejectment and
replevin), upon the bringing of the same may, in his order to
the clerk to issue in the case, if by titling, or in his order to issue,
if endorsed on the declaration, direct that the writ of summons
shall be "with claim for mandamus," or "with claim for
injunction," (or either or both of them, as the case may be),
or words to the like effect; and the writ of summons thereon
issued shall contain such words in accordance with such order,
or words to like effect.

Ches. & Pot. Telephone Co. v. Mackenzie, 74 Md. 36.

Ibid. sec. 117. 1888, ch. 456, sec. 86B.

124. Upon complying with the provisions of the foregoing
section, the plaintiff may thereupon claim in his declaration,
either together with any other demand which may be enforced
in such action, or separately, a writ of mandamus commanding
the defendant to fulfil any duty, in the fulfilment of which the
plaintiff is personally interested, or directing the defendant to
do any act or acts that he may be bound by contract with the
plaintiff to do, or an injunction forbidding the defendant to do,
repeat or continue to do any act or acts that it is his duty to

107


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1689   View pdf image (33K)
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