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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2418   View pdf image (33K)
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2418 AETICLB 75.

An. Code, sec. 144A. 1914, ch. 240.

154. On the return of an original writ to any of the Circuit Courts
of the State, not executed in any of said Courts the same shall be renewed,
returnable to the next return day thereafter, and after two returns of any
original writ not executed at the two succeeding return days after the writ
is first issued, the same shall be permitted to lie dormant, returnable only
on the written order of the plaintiff, or his attorney of record, to such
future return day as the said plaintiff, or his attorney, may elect, and upon
a further return of not executed, said writ shall be again permitted to lie,
renewable only as aforesaid, the said plaintiff, or his attorney, having the
right to renew said writ to as many subsequent return days, under the
same mode of procedure as may be deemed proper, until the same is
executed.

An. Code, sec. 145. 1904, sec. 142. 1888, sec. 130. 1796, ch. 43, sec. 2. 1852, ch. 336.

155. If the defendant is returned " summoned," and the defendant
returned " summoned " shall fail to appear, the court shall, on the second
day of the term to which the summons is returnable, enter the appearance
of any defendant so summoned and failing to appear, and the action shall
proceed in the same manner as if the party had appeared in person.

This section does not apply to summary proceedings against a collector and his
sureties, but was intended for cases required to proceed by regular stages of pleading
to judgment. Effect of this section. This section construed in connection with art.
81, secs. 81 and 82. Sprigg v. State, 54 Md. 478.

This section applies to common law courts of Baltimore city. Presumption that
lower court complied with requirements of this section. Horner v. O'Laughlin, 29
Md. 471.

An. Code, sec. 146. 1904, sec. 143. 1888, sec. 131. 1796, ch. 43, sec. 4.

156. Where there are more than one defendant, and some shall appear,
and some who have been summoned shall fail to appear, the court shall
have an appearance entered for those who fail to appear, and the same
proceedings shall be pursued as if all had appeared.

An. Code; sec. 147. 1904, sec. 144. 1888, sec. 132. 1801, ch. 74, secs. 11, 12. 1888, ch. 456.

1898, ch. 255.

157. No person shall be sued out of the county in which he resides
Until the sheriff or coroner of the county in which he resides shall have
returned a non est on a summons issued in such county; provided, that
nothing herein contained shall apply to any person who shall abscond from
justice in the county where he lives, but such person may be sued in any
county where he may be found; and provided further, that any person
who resides in one county but carries on any regular business, or habitually
engages in any avocation or employment in another county, may be sued
in either county, whether before a justice of the peace or in a court of
law or equity; this section not to apply to ejectment, dower, replevin, scire
facias on judgment or decre.e, nor to heirs, devisees or terre-tenants, against
whom process may be issued to another county.

A lawyer practicing and living in Carroll county but having an office as a

Federal appointee in Baltimore city may not be sued in the city. Bank of Balto.

v. Steele, 143 Md. 486.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
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