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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 932   View pdf image (33K)
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932 ARTICLE 26.

Judgments.

An. Code, sec. 14. 1904, sec. 14. 1888, sec. 14. 1763, ch. 23, sec. 2.

14. The court shall give judgment in all actions according as the very
right of the cause and matter in law shall appear to them, without regard-
ing any matters of mere form, so as sufficient matter shall appear in the
proceedings, upon which the court shall proceed to give judgment, and it
shall appear that the action has been commenced after the cause thereof
did accrue.

When there appears to be good reason for a qualified judgment, such as with a
perpetual stay of execution, it can be rendered. Kendrick v. Warren, 110 Md.
73; Crook-Horner Co. v. Gilpin, 112 Md. 5.

This section, in connection with sec. 21, recognizes the right to recover judg-
ment against one of several obligors in a bond. Motion in arrest, held too late,
and that it was the duty of the court to pronounce judgment under this section.
An informality in the way a judgment was entered, held not to vitiate it. Gott v.
State, use of Barnard, 44 Md. 337.

As to the form of judgment in actions of replevin, see art. 75, sec. 128.

As to judgments on appeal, see art. 5, sec. 17, et seq. As to judgments of jus-
tices of the peace, see art. 52, sec. 36, et seq.

See notes to art. 5, sec. 17.

An. Code, sec. 15. 1904, sec. 15. 1888, sec. 15. 1888, ch. 317.

15. Upon all agreed statements of facts, all special cases stated,
and all special verdicts, the court shall he at liberty to draw all inferences
of facts or law that court or jury could have drawn from the facts so agreed
or stated as if the same had been offered in evidence upon a trial before
the court or before the court and a jury.

This section does not relieve the parties from necessity of properly presenting
questions of law to be submitted to lower court if a review of decisions of such court
thereon is desired. How such questions should be presented. Bank of La Plata v.
Charles County, 120 Md. 10.

For an inference of fact drawn, by virtue of this section, from an agreed state-
ment, see Reed Grocery Co. v. Canton Bank, 100 Md. 305. See also Baltimore v.
Consol. Gas Co., 99 Md. 544.

Prior to the act of 1888, ch. 317, the court could not draw inferences from the
facts stated, unless it was so agreed. Tyson v. Western Natl-. Bank, 77 Md. 421.

An. Code, sec. 16. 1904, sec. 16. 1888, sec. 16. 1809, ch. 153, sec. 4. 1811, ch. 161, sec. 5.

1914, ch. 111.

16. All judgments by confession or by default shall be so entered as to
carry interest from the time they are rendered, and all judgments on
verdict shall be so entered as to carry interest from the date of the render-
ing of such verdict.

Judgment may be entered for amount of claim and interest, and from that date
interest accrues on amount of the judgment. This section has never been extended
to decrees in equity on bills for an account. Rayner v. Bryson, 29 Md. 482. And
see note to Hammond v. Hammond, 2 Bl. 308.

If judgment is entered without interest, it is an irregularity which will not cause
a reversal on the plaintiff's appeal. Anders v. Devries, 26 Md. 227.

Interest accrues from time judgment is rendered, and not from time of verdict.
Baltimore City Pass. Ry. Co. v. Sewell, 37 Md. 456.

This section referred to in discussing whether a judgment was final or inter-
locutory. Davidson v. Myers, 24 Md. 552 (dissenting opinion).

Cited but not construed in Hammond v. Hammond, 2 Bl. 370.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 932   View pdf image (33K)
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