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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 2435   View pdf image (33K)
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FREDERICK 2435

P L L, 1888, Art 11, sec 73 1918 Code, sec 102

81. On all judgments entered in said court under the provisions of
the preceding sections there shall be a stay of execution until the return
day, or the first day of the term, whichever shall first occur, next succeed-
ing the return day, or the term at which said judgment shall have been
entered, with the right to the defendant to supersede the same for six
months from the expiration of said stay as now allowed by law, provided,
however, that the court may, on motion, in writing, by the plaintiff or his
attorney, showing sufficient reasons therefor, allow an execution or attach-
ment, or other proper writ, to be issued at any time after the entry of judg-
ment as aforesaid and before the expiration of said stay

P L L 1888, Art 11, sec 74 1918 Code, sec 103

82. Nothing in the nine preceding sections shall prevent a defendant
from filing a demurrer to the plaintiff's declaration instead of pleading
thereto, but the filing of such demurrer shall not prevent the plaintiff from
obtaining judgment by default against the defendant, according to the pro-
visions of the preceding sections, unless the defendant, or some one in his
behalf, shall, at the time of filing such demurrer, also make oath or
affirmation, to be filed in the case, that such demurrer is not interposed
for the purpose of delay

P L L, 1888, Art 11, sec 75 1918 Code, sec 104

83. The clerk of said court shall have full power and authority to
enter judgments by default under the rules of said court, according to the
provisions of Section 78, in the absence of the judge, but shall not have
authority to extend such judgments or assess the damages, which shall
alone be done by the order and under the direction of said court, or one
of the judges thereof

Ebert v Gitt, 95 Md 192

P L L, 1888, Art 11, sec 76 1918 Code, sec 105

84. In all cases in the Circuit Court of Frederick County, where at
the trial thereof, exceptions shall be taken to any opinion or direction of
the court, and an appeal or writ of error shall be taken or sued forth, from
or upon the judgment of the court, all the exceptions of all the parties,
plaintiffs and defendants, that may have been taken, and whether the
appeal or writ of error, be taken or sued out by all or any of said parties,
shall be certified to the court of appeals as part of the transcript of the
record to that couit, and shall bv said court be decided, and the decision of
said couit in the premises, if the cause be remanded to the circuit court,
shall be accordingly certified to the circuit court

Zihlman v Cumberland Glass Co 74 Md 303 Valley Savs Bank v Mercer,
97 Md 475 Mister v Thomas 122 Md 456

P L L, 1888, Art 11 sec 77 1918 Code, sec 106

85. All exceptions as aforesaid shall be certified to the court of ap-
peals, although the bills relating to any of them shall not have been actually

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 2435   View pdf image (33K)
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