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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 617   View pdf image (33K)
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CHANCERY 617

cause of action arises until there has been a breach affecting the interest of some
party legally concerned. Who can put the bond in suit, and what the declaration must
show. Le Strange v. State, 58 Md. 39; And see Ing v. State, 8 Md. 295; State v. Graver,
115 Md. 255; Williams v. Fidelity & Dep. Co., 121 Md. 226.

Suit may be brought in the name of the state under this section, without authority ex-
pressly given. State v. Norwood, 12 Md. 193; State v. Graver, 115 Md. 255.

This section referred to in deciding that the state may not, without its consent, be
made an obligee in a bond in which it has no interest and which is not required by
law to be executed. State v. Graver, 115 Md. 255.

An. Code, 1924, sec. 191. 1912, sec. 176. 1904, sec. 167. 1888, sec. 154. 1785, ch. 72, sec. 18.

197. Payment of the allowances to examiners, commissioners, wit-
nesses, masters, auditors and clerks to examiners and commissioners, may
be compelled by order of the court, and process of contempt for disobedience
to such order may be issued as in other cases.

An. Code, 1924, sec. 192. 1912, sec. 177. 1904, sec. 168. 1888, sec. 155. 1832, ch. 302,
sec. 6. 1874, ch. 312. 1927, ch. 643. 1929, ch. 410. 1931, ch. 504.

198. In all cases in the courts of equity, it shall be the duty of the
said courts to file their opinions for or in respect of any final decree or
decretal order, whenever such decree or order shall have passed upon
argument, oral or in writing, on the part of any of the parties in such
cause; this section not to apply to Baltimore City or Prince George's
County.

This section referred to in deciding that where a judge of the supreme bench of Balti-
more City files an opinion, it should be inserted in record, or in some way brought be-
fore court of appeals. Title Co. v. McCulloh, 108 Md. 53.

An. Code, 1924, sec. 193. 1912, sec. 178. 1904, sec. 169. 1888, sec. 156. 1833, ch. 283.

199. It shall not be necessary in any case for the foreclosure or sale
of mortgaged property, to make the heirs of the mortgagee parties to the
same, but any decree upon any bill for foreclosure or sale aforesaid, filed
by the executor or administrator of the mortgagee, shall have the same
effect as if the said heirs were parties.

For a note discussing how far this section has made a change in the nature of the
estate of heirs of the mortgagee, etc., see 2 Bl. 685.

As to a sale of mortgaged property, see sec. 241.

As to mortgages, see art. 66.

An. Code, 1924, sec. 194. 1912, sec. 179. 1904, sec. 170. 1888, sec. 157. 1841, ch. 259.

200. Under any bill of review, or other proceedings to set aside or
reverse any order or decree passed in any case in which any infant or
person non compos mentis was interested, on the ground that no testimony
was taken to prove the allegations in the bill or petition filed in such case,
or that no replication was put in, it shall be lawful for the person inter-
ested to supply said proof and pleas, in the same manner as the same could
have been furnished under such original bill or petition.

Where in partition proceedings under sec. 159, there is no proof that the land can-
not be divided without loss, etc., the defect may be rempved by a bill of review.and
the proof supplied under this section. Earle v. Turton, 26' Md. 36.

This section applied. Gregory v. Lenning, 54 Md. 57.

An. Code, 1924, sec. 195. 1912, sec. 180. 1904, sec. 171. 1888, sec. 158. 1820, ch. 161, sec. 8.

201. In deciding on exceptions to answers, the court may award the
costs of the exception and the order thereon to the party prevailing, includ-
ing a fee to the solicitor or attorney.

This section applied. Bank of Maryland v. Dugan, 2 Bl. 257.

As to costs in appeals from courts of equity, see art. 5, sec. 71.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 617   View pdf image (33K)
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