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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 23   View pdf image (33K)
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ALLEGANY COUNTY. 23

and the amount disputed; and further, that the affiant really believes the
defendant will be able, at the trial of the cause, to produce sufficient evi-
dence to support the plea as to the portion disputed, and that he is advised
by counsel to file the said plea; and such plea shall be accompanied by a
certificate of counsel that he is so advised that the party making such oath
or affirmation, and if the copartnership or incorporation of any of the
parties to the suit shall be alleged in the declaration and the affidavit to
be filed therewith, as hereinafter provided; or if there shall be filed with
the declaration in said cause any paper purporting; to be signed by any
defendant therein, the fact of alleged copartnership, incorporation and
the genuineness of such signature shall be deemed to be admitted for the
purpose of said cause, unless the said affidavit shall further state that the
affiant knows or has good reason to believe such allegation of copartner-
ship or incorporation to be untrue, or that the 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 to be admitted to be due,
the plaintiff shall be entitled forthwith to an entry of judgment therefor
with costs, in full satisfaction and discharge of 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 Court; and then
upon 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 writing passed at any time before judg-
ment, extend the time for filing such plea and affidavits, which extension
shall suspend until the expiration thereof the plaintiff's rights to enter
judgment under this section.

Betz v. Welty, 116 Md. 190.

1902, ch. 409, sec. 24C.

63. The plaintiff shall not be entitled to judgment under the preceding
sectiong unless at the time of bringing his action he shall file with his
declaration an affidavit or affirmation, if the affiant is conscientiously
scrupulous as to taking an oath, stating the time, amount the defendant is
indebted to him over and above all discounts, and shall also file the bond,
bill of exchange, promissory note or other writing or accounts, or a copy
thereof, by which the defendant is so indebted, or if the action be founded
upon a verbal or implied contract shall file a statement of the particulars
of the defendant's indebtedness thereunder; if there are two or more
plaintiffs, the said affidavit or affirmation may be made by any one of
them, or if all the plaintiffs be absent from the State at the time of bringing
of the suit, or if the plaintiff be a corporation, the said affidavit or affirma-
tion may be made by any agent of plaintiff or plaintiffs, or any of them,
who will make further oath or affirmation that he has personal knowledge
of the matter herein stated; and the said affirmation or affidavit may be
made before any of the persons who may take an affidavit or affirmation
to authorize the issuing of a foreign attachment, and may be certified in
the same manner.

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 23   View pdf image (33K)
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