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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 1726   View pdf image (33K)
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1726 ARTICLE 7.

judgment at the term next succeeding the rule day or term to which said
defendant was returned summoned, as now provided by law, subject to
such rules as the court may prescribe as aforesaid.

1890, ch. 136, sec. 16G.

23. In any suit when the cause of action is a contract, whether in
writing or not, or whether expressed or implied, the plaintiff, if affidavit
or affirmation be made as hereinafter stated, shall be entitled to judg-
ment, to be entered by the court or the clerk thereof on the rule day or the
first day of the term next succeeding the rule day, or the term to which
the defendant shall have been returned summoned, although the defendant
may have pleaded, unless such plea contains a good defense, and unless
the defendant or some one in his behalf shall under oath or affirmation,
state that every plea so pleaded by the defendant is true, and shall further
state what amount of the plaintiff's demand, if anything is admitted to
be due or owing, and what amount is disputed; and if co-partnership or
incorporation of any of the parties to the suit, shall be alleged in the
declaration and the affidavit filed therewith and hereinafter provided, or
if there shall be filed with the declaration in said cause, any paper pur-
porting to be signed by any defendant therein, the fact of such alleged
co-partnership or incorporation, and the genuineness of such signature
shall be deemed to be admitted for the purposes of said cause, unless
the said affidavit shall further state that the affiant knows, or has good
reason to believe such allegations of co-partnership or incorporation to be
untrue, or that such signature was not written by or by the authority
of the person whose signature it purports to be; in case any part of the
debt, or damages claimed be admitted to be due, the plaintiff shall be en-
titled to any entry of judgment therefor as aforesaid with costs, in full
discharge to the action; provided, the amount so admitted to be due shall
not be below the jurisdiction of the court, or the defendant may pay such
admitted part into the court, and thereupon such proceedings shall be had
as are provided by law in other cases of payment of money into court;
provided, that the court, for good cause shown, may, by its order in writ-
ing, passed at any time before judgment, extend the time for filing such
pleas and affidavits, which extension shall suspend until the expiration
thereof the plaintiff's right to enter judgment under this section; and,
provided, further, that the court may, and it shall be its duty to pass
such rules as may be necessary to carry out the purposes of this Act.
Farmers, &c., Bank v. Hunter, 97 Md. 149.

1890, ch. 136, sec. 16H.

24. The plaintiff shall not be entitled to judgment under the preceding
sections, unless at the time of bringing his action he shall file his declara-
tion with an affidavit or affirmation, if the affiant is conscientiously
scrupulous as to taking an oath, stating the true amount the defendant
is indebted to him over and above all discount, and shall also file the
bond, bill of exchange, promissory note, or other writing or account by

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 1726   View pdf image (33K)
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