HARFORD COUNTY. 2925
within fifteen days after the return day to which said defendant has been
summoned, or a judgment of non pros may be entered by the Court or
the clerk thereof, upon a motion made in writing by the defendant; unless
the Court, for good cause shown, shall grant further time; but, if the
plaintiff shall have filed his declaration in any such action, at any time
before the entry of a judgment of non pros against him, the defendant
shall be required to plead to such declaration within the time and upon
the terms prescribed by the rules of court, or judgment by default may
be entered aginst him as provided by said rules.
1922, chs. 140 and 223, sec. 159H.
172. Every suit in which any defendant shall be returned summoned,
shall stand for trial or judgment (as against such defendant) at the return
day next succeeding the return day to which he has been summoned, pro-
viding the declaration shall have been filed in court and a copy thereof
shall have been served upon the defendant or his attorney at least fifteen
days before said return day.
1922, chs. 140 and 223, sec. 159-I.
173. 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 a judg-
ment, to be entered by the court or the clerk thereof on motion, in writing,
at any time after fifteen days from the return day to which he defendant
shall have been 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 the
amount of said plaintiff's demand, if anything, admitted to be due or
owing, and the amount disputed; and further, that the affiant verily be-
lieves the defendant will be able at the trial of the cause to produce suffi-
cient evidence 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 accom-
panied by a certificate of counsel that he so advised the party making such
oath or affirmation; and if the co-partnership 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 such alleged co-partnership or incor-
poration, and the geunineness of such signature shall be deemed to be
admitted for the purpose of such cause, unless the said affidavit shall fur-
ther state that the affiant knows, or has good reason to believe, such allega-
tion of co-partnership or incorporation to be untrue, or that such signa-
ture 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 entitled forthwith to an entry
of judgment therefor, with costs, in the discretion of the court, to the
92
|
|