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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1467   View pdf image (33K)
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ART. 63] SCIRE FACIAS. 1467

shall be lawful to issue one writ of scire facias to recover the same, which
writ shall specify the amount claimed on each; and any party in interest
upon the return of said writ may apply for and have as many cases dock-
eted as there are houses proceeded against, and separate judgments
shall be entered against each house and the same proceedings shall be
had as if separate liens had been filed.

Where a claim is filed for separate amounts against two different build-
ings, the two sums should not be blended in the writ and a lien for the whole
claimed on each building. Plummer v. Eckenrode, 50 Md. 234.

Application under the latter portion of this section must be made "on the
return of the writ," otherwise it will be too late. Wilson v. Merryman, 48
Md. 340.

This section applied. McLaughlin v. Reinhart, 54 Md. 81.
See sec. 21.

1904, art. 63, sec. 31. 1888, art. 63, sec. 31. 1860, art. 61, sec. 31.
1845, ch. 287, sec. 12.

31. Upon the return of the writ any person having or claiming to
have any interest in any building proceeded against may, upon petition,
be authorized to appear and be made a party defendant, and upon so
doing he shall become liable for costs.

Ibid. sec. 32. 1888, art. 63, sec. 32. 1860, art. 61, sec. 32.
1838, ch. 205, sec. 18.

32. Upon the return of the writ any other person having filed a
claim as aforesaid may cause to be entered upon the record of the same
suit a suggestion setting forth the amount and nature of his demand and
may have a rule upon the defendant to appear and plead thereto as in
other actions.

Ibid. sec. 33. 1888, art. 63, sec. 33. 1860, art. 61, sec. 33.
1838, ch. 205, sec. 19.

33. If the defendant shall appear and plead to such suggestion and
issue either in law or fact be joined upon any plea, such particular issue
shall be tried and determined as in other cases.

If section 19 is complied with, no bill of particulars can be demanded. If
it is not complied with and proceedings are taken by scire facias, the proper
practice is to move to quash the writ. Wilson v. Merryman, 48 Md. 337. See
also, Baker v. Winter, 15 Md. 7.

Section 41 does not dispense witb the forms of pleading. Pleas should
notify the plaintiff of the grounds of defense. Kees v. Kerney, 5 Md. 422.

For a defective plea of set-off to a sci. fa. to enforce a mechanics' Hen, see
Dilley v. Roman, 17 Md. 341.

Ibid. sec. 34. 1888, art. 63, sec. 34. 1860, art. 61. sec. 34.
1838, ch. 205, sec. 19.

34. If the defendant shall not, after due notice, appear and plead to
the suggestion, judgment shall be entered for the claimant filing the
petition and the amount of the claim shall be ascertained as in other
cases.

How judgment for the claimant should be entered. Plummer v. Eckenrode.
50 Md. 234.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1467   View pdf image (33K)
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