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Supplement to the Maryland Code, Containing the Acts of the General Assembly, Passed at the Sessions of 1861, 1861-62, 1864, 1865, 1866, and 1867
Volume 384, Page 13   View pdf image (33K)
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Supplement to the Maryland Code

PUBLIC GENERAL LAWS.

ARTICLE II.

Abatement.

13. Power of court of appeals on death
of parties after appeal taken, before judg-

ment and no suggestion of death by exr. &c.
Execution against exr. &c.

1862, c. 167 adds to this article the following section:
   

SEC. 13. In any cause in which one or more appel-
lants or appellees, plaintiffs or defendants, in error,

1862, c. 167.

shall have died, or shall die after appeal taken, or
writ of error sued out, and before final judgment
upon such appeal or writ of error in the court of
appeals, and the executor of such party, or his
administrator, shall have failed, or shall fail to appear
in the court of appeals, and to suggest such death,
and judgment has been or shall be given, as if the
said party so deceased was alive, then, and in such
event, it shall and may be lawful for any surviving
party to such appeal, or writ of error so adjudged as
aforesaid, to suggest in the court of appeals, the
death of the said party to the said appeal, or writ of
error, prior to the entering up of the judgment in
the said court, and to shew to the court of appeals,
who is the executor, or administrator of the deceased
party, and in that event, it shall be competent for
the said court of appeals, to order execution to

Death of par-
ties after appeal
taken, before
judgment and
no suggestion
of death by exr.
&c.

2

13



 

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Supplement to the Maryland Code, Containing the Acts of the General Assembly, Passed at the Sessions of 1861, 1861-62, 1864, 1865, 1866, and 1867
Volume 384, Page 13   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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