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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1299   View pdf image (33K)
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ART. 52] SUPERSEDEAS AND EXECUTION. 1299

1904. art. 52, sec. 61. 1888, art. 52, sec. 59. 1860, art. 51, sec. 52. 1834, ch. 257, sec. 2.

63. A justice of the peace may take one person as security on a
supersedeas of a judgment of a justice of the peace.

Ibid. sec. 62. 1888, art. 52, sec. 60. 1860. art. 51, sec. 53 1825, ch. 223.
1835. ch. 224, sec. 2.

64. If a justice, in taking a supersedeas, reads over the form here-
inbefore prescribed to the party and his security, he may enter the
same short on his docket or on the judgment, in this form or to this
effect: "Superseded by A. B. and C. D. (as the case may be,) this
———— day of ———— for ————— months," which shall be as valid as
if the confession had been written out at length in the form herein-
before given.

A supersedeas judgment must state the date when same was confessed.

Dilley v. Shipley, 4 Gill, 49 (explained as to the ground of the decision in

Brumbaugh v. Schnebly, 2 Md. 325).

Ibid. sec. 63. 1888, art. 52, sec. 61. 1860, art. 51, sec. 54. 1843, ch. 321.

65. Every security in a supersedeas of a judgment rendered by a
justice of the peace shall sign the same; or, if he can not write, make
his mark; and no such supersedeas shall be valid against any security
unless his signature or mark shall have been affixed thereto and attested
by the justice.

Cited but not construed in Bowes v. Isaacs. 33 Md. 541.

Ibid. sec. 64. 1888, art. 52, sec. 62. 1860, art. 51, sec. 55. 1792, ch. 74.

66. An execution may be issued by a justice of the peace previous
to the supersedeas of the judgment, but the constable or sheriff shall
not proceed on said execution if a certificate that the judgment has
been superseded be shown to him, the defendant paying the costs of
execution.

Ibid. sec. 65. 1888, art. 52, sec. 63. 1860, art. 51, sec. 56. 1791, ch. 67, sec. 4.

1835, ch. 201, sec. 12.

67. No execution or scire facias shall issue against the securities on
any supersedeas taken on a judgment rendered by a justice of the peace
after the expiration of four years from the date of said supersedeas,
and after the lapse of the said four years such securities shall be dis-
charged.

Ibid. sec. 66. 1888. art. 52, sec. 64. 1860, art. 51. sec. 57. 1826, ch. 194, sec. 3.

68. A confession of judgment by way of supersedeas of a judg-
ment or decree in a court of record shall be a lien on the lands of the
persons therein named from the time such supersedeas is filed with
the clerk of the court in the same manner as judgments rendered in
any court of law.

Ibid. sec. 67. 1888. art 52. sec. 65. 1860. art. 51. sec. 58. 1826, ch. 194, sec. 4.
69. The confession of a judgment by way of supersedeas shall not
defeat the lien of the original judgment.
See notes to sec. 56.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
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