COURTS. 937

An. Code, sec. 24. 1904, sec. 24. 1888, sec. 24. 1888, ch. 442.

24. Any party to an action or suit at law, or in equity, may, at any stage
thereof, apply to the court for such order or judgment as he may, upon any
admissions of fact in the pleadings or other written admissions in the case,
be entitled to without waiting for the determination of any other question
between the parties. Such application may.be made by motion or petition
so soon as the right of the party applying to the relief claimed has appeared
from the pleadings or other written admissions in such action or suit, and
the court may, upon such application, give such relief, subject to such terms,
if any, as such court may think fit, and such order or judgment shall, with
the proceedings relating thereto, form part of the record and be reviewable
on appeal from the final judgment or decree in such action or suit.

An. Code, sec. 25. 1904, sec. 25. 1888, sec. 69. 1888, ch. 260.

25. No court shall refuse to issue a mandamus or injunction on the mere
ground that the party asking for the same has an adequate remedy in
damages, unless the party against whom the same is asked shall show to
the court's satisfaction that he has property from which the damages can
be made, or shall give a bond in a penalty to be fixed by the court, and with
a surety or sureties approved by the court, to answer all damages and costs
that he may be adjudged by any court of competent jurisdiction to pay to
the party asking such mandamus or injunction by reason of his not doing
the act or acts sought to be commanded, or by reason of his doing the act or
acts sought to be enjoined, as the case may be.

This section does not authorize the issue of mandamus or injunction to enforce
the payment of a debt. What this section was intended to reach. Frederick County
Bank v. Shafer, 87 Md. 58; Conner v. Groh, 90 Md. 684.

For a plea in accordance with this section, see Gill v. Staylor, 93 Md. 473.

This section is identical with art. 16, sec. 87—see notes thereto.

An. Code, sec. 26. 1904, sec. 26. 1888, sec. 25. 1802, ch. 101, sec. 1.

26. If an administrator conceives that he has not assets sufficient to
discharge the claim, or any part thereof for which a suit shall be brought
against him, he may plead the fact and a trial by a jury shall be thereupon
had.

As to suits by and against administrators, see art. 93, sec. 106.
As to cases before justices of the peace to which an executor or administrator is a
party, see art. 52, sec. 9, et seq.

An. Code, sec. 27. 1904, sec. 27. 1888, sec. 26. 1802, ch. 101, sec. 1.

27. If, on any trial so had against an administrator, the debt or demand
of the plaintiff shall be contested, and there be any other issue joined than
upon the subject of assets, the jury, if they find for the plaintiff upon the
issue so joined, and the amount of assets found by them to be less than
the debt or demand of the plaintiff, shall declare the amount of the debt or
demand, and also the sum to be paid by the defendant to the plaintiff,
regard being had to the amount of the assets in hand, and the debts due from
the deceased; and the court shall thereupon enter judgment against the
defendant for the penalty of the bond or damages laid in the plaintiff's