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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1908   View pdf image (33K)
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1908 ARTICLE 52.

had if he were living and acting as a justice of the peace, to the end that no
pending suit or action shall abate by reason of the death or disqualifica-
tion of any justice of the peace, but that any other justice of the same
county may, upon the filing with him by either party of a copy of the
docket entries of such suit or action taken from the docket of such deceased
or otherwise disqualified justice, certified by the Clerk of the Circuit
Court, and after notice of not less than ten days to all the other parties to
the suit or action, proceed with such suit or action to final determination
the same as though such suit or action had been originally brought
before him.

An. Code, sec. 32. 1904, sec. 30. 1888, sec. 29.

34. If any constable or other officer returns process before another jus-
tice by reason of the death or disqualification of the justice before whom
the same was returnable, he shall give notice, previous to the return thereof
to the plaintiff or his agent and the defendant, of the justice before whom
he intends returning the same.

An. Code, sec. 33. 1904, sec. 31. 1900, ch. 11. 1904, ch. 89, sec. 29A. 1912, ch. 383.

35. In all actions or proceedings before any justice of the peace in this
State, and appeals therefrom the partnership of parties the incorporation of
any body corporate and the representative character of any party suing
or being sued, and the genuineness of any signature, purporting to be the
signature of the defendant upon any paper filed as the cause of action in
such actions or proceedings, shall be taken as admitted for the purpose of
such action or proceeding, unless the fact of such partnership, incorpora-
tion or representative character as the case may be, or that such signature
was written by or by the authority of the person whose signature it pur-
ports to be, shall be denied in writing under oath by the opposite party
before any hearing of such case or proceeding shall be had; provided,
however, that in case of a corporation, the affidavit to such denial may be
made by the president, vice-president, secretary or treasurer thereof, and
in case of a partnership by any one of the partners. And whenever such
denial under oath is so made, the justice of the peace before whom the case
or proceeding is pending shall, at the request of the party against whom
such denial is made, postpone or continue the same to such reasonable
time as will enable such party to procure the desired proof.

For similar section applicable to cases at law, see art. 75, sec. 28, sub-sec. 108.

Judgments.

An. Code, sec. 34. 1904, sec. 32. 1888, sec. 30. 1853, ch. 201, sec. 2.

36. Justices of the peace shall enter up judgment in all cases brought
or tried before them within three days after a final hearing of the case.

An. Code, sec. 35. 1904, sec. 33. 1888, sec. 31. 1809, ch. 153, sec. 5.

37. All judgments for the payment of money entered by a justice of
the peace shall be so entered as to carry interest thereon from the date
thereof.

See notes to sec. 6.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1908   View pdf image (33K)
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