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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 455   View pdf image (33K)
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ART. 17] ORDERS OF SATISFACTION——RECORDS. 455

1904, art. 17, sec. 17. 1888, art. 17, sec. 16. 1860, art. IS, sec. 14.
1840, ch. 96, sec. 1.

17. The clerk of any court may enter any judgment or decree satis-
fied upon the order in writing of the plaintiff or his attorney, and shall
file such order among the papers in the cause.

The power conferred by this section is not judicial, but ministerial, and
the clerk discharges such power subject to the control of the court. The
object of this section discussed. Where the clerk is directed to enter a
judgment satisfied upon payment of costs, and such judgment is entered
satisfied without the condition being performed, the act is nugatory. Waters

v. Engle. 53 Md. 181.

This section does not affect the question of an attorney's authority to enter
an order of satisfaction. It was intended to give the clerk power to enter
such order without an order of court. B. & O. R. R. Co. v. Fitzpatrick, 36
Md. 629.

The filing of a receipt for a less sum than is due, though stated to be in
full against one defendant, held not to be an order of satisfaction under this
section. This section must be strictly complied with. Campbell v. Booth, 8
Md. 117.

Ibid. sec. 18. 1888, art. 17, sec. 17. 1860. art. 18. sec. 15. 1846, ch. 292.

18. The clerk of any court having the custody of dockets of justices
of the peace may enter satisfied any judgment standing open upon such
dockets, upon the production by the party applying for such entry of
the receipt of the plaintiff in the judgment, attested by a justice of the
peace.

Ibid. sec. 19. 1888. art. 17, sec. 18. 1860. art. 18. sec. 16. 1817, ch. 119, sec. 9.
1845, ch. 254, sec. 1. 1849, ch. 505.

19. The clerk of every court of law or equity, except the court of
appeals, shall provide one or more well-bound books, and immediately
after each term of his court, enter and transcribe therein the docket
entries of each civil suit and action, legal and equitable, which shall
have been ended during the said term by trial, judgment, decree, agree-
ment, non pros, or abatement; and such transcript shall contain the
style or names of the parties, the nature of the case, the docket entries,
and, if superseded, the name or names of the superseders, and other
memoranda as they appear upon the docket, and the judgment, decree,
order or agreement by which the several actions or suits were termi-
nated; and the bills of costs recoverable by the party in whose favor
they shall have been awarded shall be likewise transcribed and entered;
and the said books shall be truly and regularly paged and alphabetically
indexed with the names of plaintiffs and defendants, and the whole
completed before the ensuing term of the court.

Proceedings for the sale of mortgaged property, must be recorded so as to
put any person dealing with the subject matter upon notice. Sanders v.
McDonald, 63 Md. 510.

In view of this section and section 21, any person dealing with the subject
matter of a decree for the sale of real estate, must be taken to have notice
of the legal import and operation of all the proceedings. Sanders v. McDonald.
63 Md. 510.

The failure to enter a judgment on the original trial docket before entry
thereof in accordance with this section, is nothing more than a clerical error
which the court will correct upon application. It is no ground for striking
out the judgment. Bond v. Citizens' Bank. 65 Md. 499.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 455   View pdf image (33K)
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