ART. 16. ] DECLARATORY DECREES. 383
1888, art. 16, sec. 29. 1888, ch. 478.
29. Contingent characters or rights may be the subject of
such a declaratory suit and decree if they are actually disputed,
but not otherwise.
Plaenker v. Smith, 95 Md. 398.
Ibid. sec. 30. 1890, ch. 64.
30. No declaratory suit can be brought nor decree passed
to establish a fact or facts that are without legal consequences,
and wherever the court shall be of opinion that there is a ques-
tion or questions involved in such suit, which a party or parties
may be entitled under the constitution, to have submitted to a
jury, the court shall, if such party or parties require it, direct
an issue or issues to be made up and sent to any court of law
convenient for trying the same, and the issues shall be tried in
the said court of law as soon as convenient without any con-
tinuance longer than may be necessary to procure the attend-
ance of witnesses, and the power of the courts of law and
the proceedings thereto relative shall be as directed by law
respecting the trial of issues from chancery, or the orphans'
court as to proceedings therein, thereon and thereafter, but
nothing herein contained shall be so construed as to prevent
the equity courts of Baltimore city from summoning a jury to
try such issue or issues pursuant to the provisions of section
three hundred and twenty-three (323) of article four (4) of the
Code of Public Local Laws, title "Baltimore City, " sub-title
"Courts. " The order granting or denying such issues shall
be subject to appeal.
Pennington v. Pennington, 70 Md. 430. Wahl v. Brewer, 80 Md. 243.
Ibid, sec 31. 1888, ch. 487.
31. A declaratory decree made under the five foregoing
sections shall be binding only on the parties to the suit and
persons claiming through them respectively; and where any
of the parties are trustees, on the persons for whom, if in exist-
ence at the date of the decree, such parties would be trustees,
and the court may, in its discretion, make a declaratory decree
as to the respective rights and legal characters of all or any of
the parties to the suit.
Pennington v Pennington, 70 Md. 418 Wethered v. Safe Deposit Co.,
79 Md. 163. Wahl v. Brewer, 80 Md. 243.
Ibid. sec. 32. 1888, ch. 487.
32. Such decree shall be subject to the same right of appeal
as other decrees of courts of chancery.
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