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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 499   View pdf image (33K)
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CHANCERY. 499

answer and defend for such party, or appoint a guardian ad litem to answer
and defend the suit for such party. And in appointing guardians ad liiem,
no person shall be appointed who may have any interest whatever involved
in the suit adverse to that of the party so under disability. The court or
judge thereof may in any case, where it may be deemed necessary, appoint
a solicitor to appear and defend for any infant or non-sane defendant. All
commissions for taking answers or to plead shall be and they are hereby
abolished.

Where an alleged lunatic is a non-resident, and a copy of the petition to declare
her insane was served upon her by the order of a county judge in New York and
before the petition was filed here, no sufficient service is had upon her. This section
referred to in construing sec. 121—see notes thereto. Willis v. Hodson, 79 Md. 329.
A fee of a solicitor for infants appointed under this section, upheld. De Beam v.
Winans, 115 Md. 152.

An. Code, sec. 147. 1904, sec. 138. 1888, sec. 125. Rule 9.

162. All infants and other persons under any disability to sue, may
sue by their guardian or committee, if any, or by their prochein ami;
subject, however, to such orders as the court or judge thereof may direct
for the protection of infants and other persons; but before the name of
any person shall be used in any suit to be instituted as next friend of any
infant or other party, or as relator in any information, such person shall
sign a written authority to the solicitor for that purpose, and such authority
shall be filed with the bill or other proceeding.

This section applies to persons non compos. Where the interest of a non compos
involved in litigation is in conflict with that of his committee, the court will appoint
a next friend to conduct such litigation; notice to the committee. In re Paca, 140
Md. 51.

This section referred to in deciding that the orphans' court may remove a next
friend. Reichard v. Izer, 95 Md. 466.
Cited but not construed in Sloan v. Safe Deposit Co., 73 Md. 244.

An. Code, sec. 148. 1904, sec. 139. 1888, sec. 126.

163. Defendants shall have fifteen days from the time of the return of
process served, within which to enter an appearance, before they shall be
treated as in default for non-appearance; and from the time of appearance
entered, said defendants shall have twenty days within which to answer;
and it shall be the duty of the clerk, in all cases in entering the appearance
of defendants, to note in the margin of the docket the time of such appear-
ance entered; and if the appearance be by solicitor, and there be more
than one defendant, the clerk shall note for which defendant the ap-
pearance is entered; and the court or judge thereof may, for special
reason shown, extend or enlarge the time to answer, according to the nature
and circumstances of the case.

Where a decree pro confesso is entered fifteen days after the defendant's appear-
ance, but testimony is taken more than two months after the entry of said decree
and upon notice to the defendant, and such testimony remained in court the required
time before a final decree was passed, the latter decree will not be reversed on
account of the irregularity in entering the decree pro conjesso before the expira-
tion of twenty days from the appearance. Bailey v. Jones, 107 Md. 405.

This section by implication authorizes an appearance in propria persona. Aukam
v. Zantzinger, 94 Md. 425.

This section referred to in upholding a decree pro conjesso. Harrison v. Morton,
87 Md. 676.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 499   View pdf image (33K)
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