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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 797   View pdf image (33K)
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ART. 26] JUDGMENTS. 797

Inspection of Records.

1904, art. 26, sec. 13. 1888, art. 26, sec. 13. 1860, art. 29, sec. 13. 1817, ch. 119,
secs. 7-9. 1866, ch. 26. 1904, ch. 71.

13. It shall be the duty of the judges of the several courts of law
and equity, at every term, to inspect the records and papers of the offices
attached to their respective courts relating to lands, tenements or other
real estate, and examine the condition thereof and see whether the
clerk of such court has performed the duties required of him by law
relating to the recording of judgments, decrees, executions and proceed-
ings, and whether he has entered and transcribed the docket entries as
required by law. And if it should appear on such examination that
any of the records have become so dilapidated and worn as to require
them to be transcribed, they shall order and direct the clerk to transcribe
the same into new record books which the clerk shall procure for that
purpose; and such new records, when so transcribed, shall be carefully
examined and certified by said clerk, and when so examined and certified
shall be substituted for and become the records of said court in lieu of
the worn out records; and the mayor and city council of the city
of Baltimore, and the county commissioners of the several counties,
respectively, shall levy such sum of money as they shall deem a fair
compensation for the labor of the clerk in making such new records.
This section not to apply to Montgomery county, as to which a special
law exists.

The last portion of this section applies only to an index that is dilapidated
and not to a new one, though prepared under an order of court. Peters v.
Prettyman, 62 Md. 573.

Judgments.

Ibid. sec. 14. 1888, art. 26, sec. 14. 1860, art. 29, sec. 14.
1763, ch. 23, sec. 2.

14. The court shall give judgment in all actions according as the
very right of the cause and matter in law shall appear to them, without
regarding any matters of mere form, so as sufficient matter shall
appear in the proceedings, upon which the court shall proceed to give
judgment, and it shall appear that the action has been commenced after
the cause thereof did accrue.

When there appears to be good reason for a qualified Judgment, such as
with a perpetual stay of execution, it can be rendered. Kendrick v. Warren,
110 Md. 73; Crook-Horner Co. v. Gilpin, 112 Md. 5.

This section, in connection with section 21, recognizes the right to recover
judgment against one of several obligors in a bond. Motion in arrest, held
too late, and that It was the duty of the court to pronounce judgment under
this section. An Informality in the way a judgment was entered, held not
to vitiate it. Gott v. State, use of Barnard, 44 Md. 337.
As to the form of judgment in actions of replevin, see art. 75, sec. 119.
As to Judgments on appeal, see art. 5, sec. 15, et seq. As to Judgments of
Justices of the peace, see art. 52, sec. 34, et seq.

Ibid. sec. 15. 1888, art. 26, sec. 15. 1888, ch. 317.

15. Upon all agreed statements of facts, all special cases stated, and
all special verdicts, the court shall be at liberty to draw all inferences

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 797   View pdf image (33K)
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