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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1661   View pdf image (33K)
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ART. 75] CASES BY CONSENT. 1661

1904, art. 75, sec. 51 1888, art. 75. sec. 50. 1860, art. 7. sec. 6.
1785, ch. 80, sec. 11. 1874, ch. 156, sec. 6.

51. In every case where an award shall be made upon such reference
the party in whose favor the award shall be given shall cause a copy
thereof to be delivered to the adverse party or his attorney at least three
days before judgment is moved for thereon, and the clerk shall not
enter judgment thereon until motion is made to and direction is received
from the court, and the court shall always have satisfactory proof by
the party's own oath or otherwise that a copy has been delivered to the
adverse party or his attorney before judgment shall be entered thereon,
unless the parties or their solicitors file a written agreement waiving or
admitting notice and assent to judgment on the award, in which case'
the court, or one of the judges thereof, may either in term time or in
recess order the judgment on the award to be entered.

Cases by Consent.

Ibid. sec. 52. 1888, art. 75, sec. 51. 1888, ch. 410.

52. Parties may, if they think fit, enter into an agreement in writ-
ing, which may be filed and docketed as a case inter paries, that, upon
the finding in the affirmative or negative by a jury a certain issue or
issues recited in said agreement, a sum of money fixed by the agree-
ment, or to be ascertained by the jury upon a question inserted in the
issue for that purpose, shall be paid by one of such parties to the other
of them either with or without the costs of the action.
As to a special case stated, see sec. 124.

Ibid. sec. 53. 1888, art. 75, sec. 52. 1888, ch. 410.

53. Upon the finding of the jury on any such issue or issues, judg-
ment may be entered for such sum as shall be so agreed or ascertained
as aforesaid, with or without costs, as the case may be, on which execu-
tion may issue as in other cases, unless otherwise agreed, subject to the
right of either side to move to set aside the verdict or for a new trial,
and such judgment shall have all the effect and incidents of other judg-
ments at law.

Ibid. sec. 54. 1888, art. 75, sec. 53. 1888, ch, 410.

54. Parties may after action docketed at any time before judgment,
by consent and order of the court, state any question or questions of
law in a special case for the opinion of the court without any pleading.
See sec. 124.

Ibid. sec. 55. 1888, art. 75, sec. 54. 1888, ch. 410.

55. The parties may, if they think fit, enter into agreement in
writing, filed in the cause, that, upon the judgment of the court being
given in the affirmative or negative of the question or questions of law
raised by such special case, or any of them, a sum of money fixed in
said agreement by the parties, or to be ascertained by the court, or in
such manner as the court may direct, shall be paid by one of the parties

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1661   View pdf image (33K)
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