BALTIMORE CITY. 1053
be of the opinion that the interests of justice will be promoted by striking
out such judgment and so reinstating such case, although sufficient grounds
for striking out such judgment for fraud, deceit, irregularity or such other
grounds as would have sufficed before the enactment of this section may
not be present; provided, however, that the court granting such order may
require as a condition thereto, that the defendant give bond with approved
security for the payment of any judgment finally recovered against him
in such case in such penalty as may be prescribed by the court, and that
the defendant pay the costs so far incurred in said case, or any other
conditions which the court may deem proper; and if any defendant who
has been given leave to file pleas, affidavit or certificate, or to amend those
already filed, under this section, shall fail to file a sufficient plea, affidavit
or certificate of counsel, or to amend those already filed so as to be suffi-
cient within the time so limited, then the plaintiff shall be entitled to
final entry of judgment on motion therefor, in the same manner as for
failure to file a sufficient plea, affidavit or certificate within the time
originally limited under the preceding sections.
Cornblatt v. Block, 132 Md. 44. Waldeck Co. v. Emmart, 127 Md. 470.
1886, ch. 184. P. L. L. (1888), Art. 4, sec. 170. 1916, ch. 625. 1924, ch. 338.
316. Bills of Exceptions may be signed in any cause pending in any
of said courts, at any time within the period that the parties, or any of
them, shall have the right to file an appeal from the rendition of the ver-
dict by the jury or the findings of the court upon the issue of fact in said
cause; and upon filing the order for such an appeal, the time for signing
said Bills of Exceptions shall thereby be further extended until twenty
days before the period within which it is required that the record shall be
transmitted to the Court of Appeals; provided that the party appealing,
or his counsel, shall submit the bills of exceptions to the appellee, or his
counsel, not less than thirty-five days prior to the time that the record must
be filed in the Court of Appeals, for the purpose of amendments or addi-
tions to the said Bills of Exceptions, and the appellee, or his counsel, with-
in ten days after said Bills of Exceptions shall have been submitted to
him, shall return said Bills of Exceptions to the appellant, or his counsel,
with such amendments or additions as he may desire. And upon his fail-
ure to return said Bills of Exceptions within said time, the Bills of Excep-
tions shall be signed by the Court, as originally prepared by the appellant,
or his counsel. If the said appellee, or his counsel, shall return the said
Bills of Exceptions to the appellant, or his counsel, with his amendments
or additions, as hereinbefore provided, the said Bills of Exceptions with
such amendments or additions shall forthwith be presented to the judge
before whom the said case was tried, who shall settle the same within five
days thereafter.
Gottlieb v. Fred. W. Wolff Co., 75 Md. 126. Preston v. McCann, 77 Md. 30.
Edelhoff v. Homer-Miller Co., 86 Md. 595-605. Am. Tobacco Co. v. Strickling, 88
Md. 500. Wegefarth v. Weissner, 132 Md. 595. Bastable v. Bastable. 144 Md. 213.
Stiegler v. Eureka Life Ins. Co., 146 Md. 629. U. S. Fid. Co. v. Williams. 148 Md. 289.
In relation to bills of exception generally, see Briscoe T. Ward, 1 H. & J. 165.
Dakin v. Pomeroy, 9 Gill, 1. Marsh v. Hand, 35 Md. 123. Balto. Bldg. Ass'n v.
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