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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 605   View pdf image (33K)
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LAWS OF MARYLAND.— 1811.

605

SEC. 3. And be it enacted, That no judgment in any case
shall be reversed in the court of appeals, because the verdict
was rendered and the judgment entered in the court below for
a greater sum than the amount of damages laid in the declara-
tion ; but the plaintiff below, or his legal representative in the
court of appeals, shall be permitted, on motion in that court, in
every such case to amend the transcript of the record of pro-
ceedings, by entering a release upon the record, of the damages
exceeding those laid in the declaration, and the court of appeals
shall proceed upon such amended transcript, in the same man-
ner, and give the same judgment in the case as if the said
release had been entered upon the record before judgment in
the court below.
See November, 1809, ch. 153.

Relative to
the reversal
of judg-
ment in
court of
appeals.

SEC. 4. And be it enacted, That in all cases where the
court of appeals shall have permitted or directed any entry to
be made, or act to be done on the trial of any appeal, or during
its pendency, in virtue of any act of assembly of this state,
which may require an alteration of the judgment given by the
court from which such appeal was or shall be made, or which, if
made in such inferior court, would have authorized or required
a different judgment to have been given, the court of appeals
may direct such judgment to be entered on deciding such ap-
peal, as the nature of the entry or amendment may require, or
the court from which the appeal has been or shall be made
would have rendered, if such entry or amendment had been
made before the rendition of the judgment in such inferior
court.
See November, 1809, ch. 153.

Court of
appeals
may, in cer-
tain cases
direct such
judgments
to be en-
tered on
deciding
appeals
from infe-
rior courts
as the na-
ture of the
case may
require.

SEC. 5. And be it enacted, That all judgments by default
hereafter to be entered, shall carry interest in the same manner
that judgments entered upon a finding of a jury now do; Pro-
vided always, that nothing contained in this act, except so far
as the same relates to judgments by default and appeals, shall
extend or be construed to extend to any case now brought or
depending in any of the courts of this state.

CHAPTER 171.

Judgments
by default
shall carry
interest.
Proviso.

A SUPPLEMENT to the ACT,* entitled, an Act for regulating Writs of Error
and granting Appeals from and to the courts of Common Law within
this province.
Repealed by 1826, ch. 200.

*1713,ch. 4.



 
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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 605   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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