Volume 375, Page 2120 View pdf image (33K) |
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2120 ARTICLE 60.
of law. Brooke v. Widdicombe, 39 Md. 404; Weber v. Zimmerman, 23 Md. 53;
This article referred to in overruling contention that mandamus was improperly
The essential nature of mandamus and its force and effect were not changed by
The failure of petitioner to file exhibits is waived by answer not objecting on As to summons with claim for mandamus, see art. 75, sec. 134, et seq. An. Code, sec. 2. 1904, sec. 2. 1888, sec. 2. 1858, ch. 285, sec. 2.
2. Upon the filing of such petition the court or judge to whom the same
Cited but not construed in Frederick County v. Fout 110 Md. 169. An. Code, sec. 3. 1904, sec. 3. 1888, see. 3. 1858, ch. 285, sec. 3. 3. The defendant, by the day named in such order, shall file an answer to such petition, fully setting forth all the defenses upon which he intends to rely in resisting such application, which shall be verified by his affidavit. A demurrer to answer does not admit facts set out in petition so as to avoid necessity of proof. Beasley v. Ridout, 94 Md. 649; Sudler v. Lankford, 82 Md. 148; contra, if the facts are admitted, and only matters of law are raised. Hooper v. New, 85 Md. 586.
If the answer sets up any good defense, it should not be quashed because it is An. Code, sec. 4. 1901, sec. 4. 1888, sec. 4. 1858, ch. 285, sec. 3.
4. No defendant shall be allowed on a second application for a man-
This section held to have no application, because the defense could not have been An. Code, sec. 5. 1904, sec. 5. 1888, sec. 5. 1828, ch. 78. 1858, ch. 285, sec. 4.
5. The petitioner may plead to or traverse all and any of the material
The filing of a demurrer to answer to petition for mandamus and entry of final |
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Volume 375, Page 2120 View pdf image (33K) |
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