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Session Laws, 1835
Volume 214, Page 621   View pdf image (33K)
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THOMAS W. VEAZEY, ESQUIRE, GOVERNOR,

1835.

CHAPTER 346.

CHAP. 346.

An act relating to Equity Proceedings.

Passed May 25,1836

SECTION 1. Be it enacted by the General Assembly of

Suits in 4th and 6th

Maryland, That in any equity suit now pending or

judicial dist, may be removed to

hereafter instituted in either of the county courts of

high court

the fourth and sixth judicial districts, either or any of

 

the parties to such suit may suggest in writing, that he

 

desires that the said suit may he removed to the High

 

Court of Chancery, and upon the filing of said sugges-

 

tion with the cleric of the court in which such suit may

 

be pending, and also filing therewith the affidavit of

 

some party to the suit or the affidavit of the solicitor

 

or attorney of some party, that removal is not desired

 

to produce delay, but to expedite the determination of

 

the suit, it shall be the duty of the clerk forthwith to

 

transmit the bill, answer, exhibit, and all other pro-

 

ceedings in such suit to the High Court of Chancery of

 

this State, and the High Court of Chancery shall pro-

 

ceed in such suit, and hear and determine the same, in

 

the same manner as if such suit had been originally

 

instituted in the said High Court of Chancery.

 

SEC. 2. And be it enacted. That when any injunction

Appeal on injunc-

which has heretofore issued, or shall hereafter issue from

tions provided

the Court of Chancery, or any county court as a Court of

 

Equity, or where any receiver or receivers have been,

 

or shall be ordered or appointed by the Court of Chan-

 

cery, or county court as a Court of Equity, it shall he

 

lawful for the defendants in the case, or any of them,

 

to appeal from the granting of such injunction, or from

 

the refusal to dissolve the same, or from the order, or-

 

dering or appointing such receiver, the answer of the

 

defendant or defendants being first filed to the Court of

 

Appeals, of the Shore where such injunction shall have

 

been issued, or receiver appointed, and it shall be the

Trial directed

duty of the said Court of Appeals, at the first term of

 

the said appeal, to hear and determine the same, and

 

to pass such order in the premises, as to it may seem

 

right.

 

SEC. 3. And be it enacted, That during the pendency

Bond required

of the appeal provided by the preceding section, and

 

79

 


 
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Session Laws, 1835
Volume 214, Page 621   View pdf image (33K)
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