|
Repeal
|
SECTION 1. Be it enacted by the General Assembly of Mary-
land, That section forty-six of Article sixteen of the Code of
Public General Laws of Maryland be and the same is hereby
repealed and re-enacted, so as to read as follows :
46. In no case of a proceeding in equity to vacate any con-
|
|
Not neces-
sary to
obtain a
Judgment
at law.
|
veyance or contract, or other act, as fraudulent against credi-
tors, shall it be necessary for any creditor or plaintiff in the
cause to have obtained a judgment at law on his demand, in
order to the relief sought in the case, either in his own behalf
or in the behalf of any other creditors who shall claim to par-
ticipate in the benefit of the decree in the case ; but when the
debt of such plaintiff shall not be admitted by the pleadings in
the case, on the part of the defendant interested in contesting
the same, the court shall, on application of any of the parties,
send to any court of law an issue for determining the fact of
such indebtedness, subject to the rules usually applied to issues
out of chancery ; providing, this Act shall not apply to any
case pending in court in this State.
Approved April 7, 1898.
CHAPTER 255.
AN ACT to repeal Section one hundred and thirty-two of
Article seventy-five of the Code of Public General Laws of
Maryland, title "Pleading, Practice and Process at Law,"
and to re-enact the same with amendments.
SECTION 1. Be it enacted by the General Assembly of Mary-
|
|
Repeal.
|
land, That section one hundred and thirty-two of Article
seventy-five of the Code of Public General Laws of Maryland,
title " Pleading, Practice and Process at Law," be and the same
is hereby repealed and re-enacted so as to read as follows :
132. No person shall be sued out of the county in which he
|
|
Laws relative
to persons
being sued.
|
resides until the sheriff or coroner of the county in which he
resides shall have returned a non est on a summons issued in
such county ; provided, that nothing herein contained shall
apply to any person who shall abscond from justice in the
eounty where he lives, but such person may be sued in any
county where he may be -found ; and provided, further, that
any person who resides in one county but carries on any regular
business, or habitually engages in any avocation or employment
in another county, may be sued in either county, whether before
a justice of the peace or in a court of law or equity ; this sec-
tion not to apply to ejectment, dower, replevin, scire facias on
|
