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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2417   View pdf image (33K)
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PLEADINGS, PRACTICE AND PROCESS AT LAW. 2417

judgments rendered before the justices of the peace of the State of Mary-
land, provided the said judgments shall have been recorded in the superior
court of Baltimore (if the same have been rendered in Baltimore city)
or in the circuit court of the counties where the same have been rendered,
and said superior court of Baltimore city and the circuit court of the
several counties shall have jurisdiction to carry out the provisions of the
said sections of this sub-title and of this section.

III.
PROCESS.

An. Code, sec. 144. 1904, sec. 141. 1888, sec. 129. 1796, ch. 43, sec. 9. 1801, ch. 74, sec. 11.
1852, ch. 76, sec. 1. 1884, ch. 128.

153. In all civil suits or actions in the circuit courts where capias ad
respondendum formerly issued, a writ of summons shall be issued for the
defendant, in which shall be stated the purpose for which he is summoned;
and the said summons shall be returnable on the first day of the term next
after issuing the same; and the sheriff of any county from which the writ
of summons for any defendant or defendants may be issued by the circuit
court for any such county, or the sheriff of the city of Baltimore, in case
the writ of summons is issued from any of the courts of the city of
Baltimore, may serve any such writ of summons on the defendant or
defendants named in the writ, wherever he may find such defendant or
defendants, whether in or out of the county or city from a court of which
such process may have issued; or the writs of summons may be directed to
and served by the sheriff of any county or city where the defendant may
chance to be, returnable to the court where the process issued; and any
writ or summons, when so served and returned, shall have the same effect
as if it had been served on the defendant or defendants by the sheriff of
the county in said county from a court of which the said writ of summons
may issue.

A sheriff's return is prima facie evidence of its truth. Maryland statutes do not
provide a method of serving summons in an ordinary action at law. Deafness not
proven. This section and art. 75, sec. 76, art. 23, sec. 103, and art. 16, sec. 160, referred
to in upholding service of a summons on husband and wife. Adkins v. Selbyville
Co., 134 Md. 503.

The writ of summons need not state particular form or nature of action; sum-
mons held sufficient; when motion to quash should be made. Ritter v. Offutt, 40
Md. 210.

Purpose of act of 1884, ch. 128. This section referred to in construing sec. 157—
see notes thereto. Henderson v. Maryland Home Ins. Co., 90 Md. 51.

Cited but not construed in State v. Logan, 33 Md. 7.

As to process against insurance, surety or bonding companies, see sec. 127.

As to process where a new party is out of the county in which the suit has been
brought, or out of the state, see secs. 36 and 37.

As to service of process upon corporations, see art. 23, secs. 103 and 118. As to
insurance companies, see art. 48A, sec. 138; see also sec. 27 (this article). As to
telegraph and express companies, see also art. 56, sec. 162.

As to process in equity, see art. 16, sec. 154, et seq. As to process against corpora-
tions in criminal cases, see art. 27, secs. 727 and 728. As to suit and process against
Adams Express Company and other unincorporated stock companies, see art. 73,
sec, 31.

78

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2417   View pdf image (33K)
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