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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 2433   View pdf image (33K)
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FREDERICK COUNTY. 2433

from or returnable to said court in civil cases, shall be made returnable
to the first return day, or to the first day of the term, whichever shall
first occur after the issue of the same, unless otherwise ordered in writing
by the party directing the same, or his attorney; and on the return of an
original writ not executed or served, the same may be renewed, returnable
to the next return day or to the first day of the succeeding term, whichever

shall first occur.

Ebert v. Gitt, 95 Md. 192.

P. L. L., 1888, Art. 11, sec. 67. 1918 Code, sec. 96.

75. If a defendant be returned summoned, and shall fail to appear, the
clerk of said court shall, on the day following the return day to which
the writ or process served on him is returnable, enter the appearance of
any defendant so summoned and failing to appear, and the action shall
proceed in the same manner ais if the party had appeared in person.

P. L. L., 1888, Art. 11, sec. 68. 1918 Code, sec. 97.

76. In all cases when a party is returned summoned to a return day,
or to a term, the same proceedings shall be had as are now had in said
court, subject to such rules as the said court may prescribe as to pleading
and practice, and the cases shall be entered in their order on the trial
docket for the succeeding term.

P. L. L., 1888, Art. 11, sec. 69. 1918 Code, sec. 98.

77. Every suit in which any defendant shall be returned summoned,
except suit on contract, as hereinafter provided, shall stand for trial or
judgment at the next term succeeding the return 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.

P. L. L., 1888, Art. 11, sec. 70. 1918 Code, sec. 99.

78. In suits where 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 judgment,
to be entered by the court or clerk thereof, on the return day or the first
day of the term next succeeding the return 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 someone in his behalf, shall, under oath or affirmation,
state that every plea as pleaded by the defendant is true, and shall further
state what amount of the plaintiff's demand, if any, is admitted to be due
or owing, and what amount is disputed; and if the co-partnership or in-
corporation of any of the parties to the suit shall be alleged in the declara-
tion, and the affidavit or affirmation filed therewith as hereinafter pro-
vided, or if there shall be filed with the declaration in said causes, or at
time of bringing the suit, any paper purporting 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
77

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 2433   View pdf image (33K)
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