802 COURTS. [ART. 26

1904, art. 26, sec. 23. 1888, art. 26, sec. 23. 1860, art. 29, sec. 19. 1829, ch. 166,
sec. 1. 1830, ch. 80. 1834, ch. 126. 1864, ch. 49.

23. , Upon all judgments rendered at the second term after the
defendant has been summoned, the defendant shall be entitled to a stay
of execution until the first Thursday of the ensuing term, with the
privilege of superseding the same in the manner allowed by law at any
time within two months after the expiration of said stay and with the
power of prosecuting an appeal or suing forth a writ of error, as
authorized by law; this section not to apply to judgments recovered in
the courts of Baltimore city.

This section applied. Goldsborough v. Green, 32 Md. 92.

Ibid. sec. 24. 1888, art. 26, sec. 24. 1888, ch. 442.

24. Any party to an action or suit at law or in equity, may, at any
stage thereof, apply to the court for such order or judgment as he may,
upon any admissions of fact in the pleadings or other written admis-
sions in the case, be entitled to without waiting for the determination
of any other question between the parties. Such application may be
made by motion or petition so soon as the right of the party applying
to the relief claimed has appeared from the pleadings or other written
admissions in such action or suit, and the court may, upon such applica-
tion, give such relief, subject to such terms, if any, as such court may
think fit, and such order or judgment shall, with the proceedings relat-
ing thereto, from part of the record and be reviewable on appeal from
the final judgment or decree in such action or suit.

Ibid. sec. 25. 1888, art. 16, sec. 69. 1888, ch. 260.

25. No court shall refuse to issue a mandamus or injunction on the
mere ground that the party asking for the same has an adequate remedy
in damages, unless the party against whom the same is asked shall show
to the court's satisfaction that he has property from which the damages
can be made, or shall give a bond in a penalty to be fixed by the court,
and with a surety or sureties approved by the court, to answer all
damages and costs that he may be adjudged by any court of competent
jurisdiction to pay to the party asking such mandamus or injunction by
reason of his not doing the act or acts sought to be commanded, or by
reason of his doing the act or acts sought to be enjoined, as the case

fluty be.

This section does not authorize the Issue of mandamus or Injunction to
enforce the payment of a debt. What this section was Intended to reach.
Frederick County Bank v. Shafer, 87 Md. 58; Conner v. Groh, 90 Md. 684.

For a plea in accordance with this section, see Gill v. Staylor, 93 Md. 473.

This section is Identical with art. 16, sec. 84—see notes thereto.

Ibid. sec. 26. 1888, art. 26, sec. 25. 1860, art. 29, sec. 20.
1802, ch. 101, sec. 1.

26. If an administrator conceives that he has not assets sufficient
to discharge the claim, or any part thereof for which a suit shall be