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The Maryland Code Public General Laws, 1904
Volume 393, Page 437   View pdf image (33K)
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ART. 16] PLEADING, PRACTICE AND PROCESS. 437

1888, art 17, sec 174. 1860, art. 16, sec 121. 1785, ch. 72, secs, 19, 20.
1799, ch. 79, sec. 2. 1832, ch. 302, sec. 3.

187. If any defendant after appearance shall fail to answer
within the time prescribed by the rules of court, an attach-
ment may issue against such defendant to compel him to
answer, and he may be committed as for a contempt for not
answering; and if the attachment shall be returned served,
and the defendant does not answer by the first day of the
term next after that to which the attachment was returnable,
or if the attachment be returned non est, an attachment with
proclamations may issue; and if the defendant shall fail to
answer by the first day of the term next after that to which
the last named attachment was returnable, the court in either
case may pass a decree pro confesso against such defendant, or
may order testimony to be taken ex parte; any defendant under
this or the preceding section may answer at any time before
final decree, on such terms as the court may prescribe.

Ibid.

Ibid. sec. 175. 1860, art. 16, sec. 122. 1773, ch. 7 1785, ch. 72 1799, ch.
79 1818, ch. 193. 1820, ch. 161.

188. A plaintiff may take, at his election, any of the pro-
ceedings authorized by this article against a defendant who
fails to appear or answer.

Ibid. sec. 176 1860, art. 16, sec. 123. 1815, ch. 163, sec 7. 1817, ch. 139.
1819, ch. 144, sec. 3.

189. A court of equity may issue process of any sort, inclu-
ding commissions to take testimony, to any part of the State.

Ibid, sec 177. 1886, ch. 441.

190. The court may at any stage of a cause or matter, on
the application of any party thereto, or party in interest, by
motion or petition, or of its own motion, order the issue of a
mandate (affirmative injunction) or injunction, directing and
commanding any party to such cause or matter, or any party
properly brought before it under the existing practice, to do, or
abstain from doing, any act or acts, whether conjointly or in
the alternative, whether in the nature of specific performance
or otherwise named in such mandate or injunction, and may
make such terms and conditions (as to security, &c.,) as to it
may seem fit, preliminary to the granting of such mandate or
injunction.

County Comm'rs v. School Comm'rs, 77 Md. 283. Supreme Lodge v.
Simering, 88 Md. 288. Balto. City v. Poole & Son Co., 97 Md. 68.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 437   View pdf image (33K)
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