1052 ARTICLE 4.

1864, ch. 6, sec. 9. 1886, ch. 184. P. L. L. (1888), Art. 4, sec. 169. 1894, ch. 184.

314. When any judgment by default shall be entered under any of the
preceding sections, the court may assess the damages on proof thereof
without empanelling a jury to do so, unless the defendant shall have filed
a motion in writing before the entry of such default for a jury trial, and
shall have stated in such motion how much of the plaintiff's demand is
disputed, and how much thereof, if any, is admitted by such defendant
to be due, and in such case the plaintiff may forthwith have judgment
entered up for the amount so admitted, as provided in the preceding
section.

Mailhouse v. Inloes, 18 Md. 332, 333. Knickerbocker Ice Co. v. Hoeske, 32 Md. 317.
Norris v. Wrenschall, 34 Md. 492. Laubheimer v. Nail, 88 Md. 174. Singer v. Fidel-
ity & Deposit Co., 96 Md. 224. Colbourn v.. Boulton. 100 Md. 358. Cornblatt v.
Block, 132 Md. 44. Lipscomb v. Zink, 151 Md. 431.

Judgment by Default. Joint liability after judgment by default. In assumpsit
against two or more persons sued jointly, the defendants on inquisition, after judg-
ment by default, cannot deny their joint liability. Santa Clara Mining Co. v.
Williams, Daily Record, March 8, 1894.

1890, ch. 433. P. L. L. (1888), Art. 4, sec. 169A.

315. If the defendant shall dispute the whole or any part of the plain-
tiff's demand in any action brought under the provisions of the three fore-
going sections, and upon trial of the case the plaintiff shall recover a
judgment for any portion of his demand so disputed, then the plaintiff
shall be allowed in addition to the costs of the suit, reasonable counsel
fees, to be fixed by the court, said fees not to be less than twenty-five
dollars nor more than one hundred dollars.

As to provisions of section 315 relating to counsel fees, see Singer v. Fidelity and
Deposit Co., 96 Md. 224. Lipscomb v. Zink, 151 Md. 431. Lansburg v. Pish &
Oyster Co., 153 Md. 319.

1908, ch. 644.

315A. In all cases brought under the provisions of Section 312 of said
Article 4 of the Code of Public Local Laws of Maryland, as repealed and
re-enacted by the Act of Assembly of 1898, chapter 123, where the verdict
of the jury or the court, sitting as a jury shall be for the defendant, the
defendant shall be allowed, in addition to his costs of suit, reasonable
counsel fees, not to be less than twenty-five dollars, nor more than one
hundred dollars.

Com. Credit Co. v. Schuck, 151 Md. 367. Lipscomb v. Zink, 151 Md. 431.

1914. ch. 107.

315B. If judgment be entered against any defendant for failure to
appear and plead, or failure to file a sufficient plea, affidavit or certificate
of counsel, under the four preceding sections, the court in which such
judgment has been rendered may, upon motion filed by the defendant
within thirty days after entry thereof, strike out the same and reinstate
such case with leave to such defendant to file pleas, affidavit and certificate
of counsel, or amend his pleas, affidavit and certificate of counsel already
filed, within not exceeding ten days thereafter, whenever the court shall