2926 ARTICLE 13.

time of entry of such judgment; and, if the amount so admitted to be
due shall not be below the jurisdiction of the court, the plaintiff may at
once have execution therefor; and, upon such entry of judgment, the
plaintiff may join issue or reply to the pleas as to such disputed portion;
and the case shall be proceeded with as to such disputed portion in the
same manner as if the suit had been originally instituted for the recovery
of the same; and the court shall have jurisdiction as to such disputed
portion in all cases where the amount originally claimed shall be within
the jurisdiction of the court; but, if either judgment in the case below
the jurisdiction of the court, no execution shall issue on the same; and
the provisions of Section 17 of Article 26 of the Code of Public General
Laws shall apply thereto; yet if the sum of the two judgments shall equal
such jurisdiction, they may then be included in an execution issued from
the court; provided, that the court for good cause shown may, by its order
in writing, passed at any time before judgment, extend the time for filing
such pleas and affidavits, which extension shall suspend, until the expira-
tion thereof, the plaintiff's right to enter judgment under this section.

1922, chs. 140 and 223, sec. 159J.

174. The plaintiff shall not be entitled to a judgment under the preced-
ing section, unless at the time of bringing his action he shall file with his
declaration an affidavit or affirmation stating the true amount the defend-
ant is indebted to him, over and above all discounts; and shall also file
the bond, bill of exchange, promissory note or other writing or account
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 plain-
tiffs, 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 the bring-
ing of said suit, or if the plaintiff be a corporation, the said affidavit or
affirmation may be made by any agent of any plaintiff or plaintiffs, or any
of them who will make further oath or affirmation that he has personal
knowledge of the matters therein stated; and the said affidavit or affirma-
tion 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.

1922, chs. 140 and 223, sec. 159K.

175. When any judgment by default shall be entered under any of the
preceding sections, the court may assess the damages on proof thereof
without empaneling a jury to do so, unless the defendant shall have filed
a motion in writing, before the entry of such default, for a jury trial;
and shall have stated in such motion how much of the plaintiff's demand
is disputed, and how much thereof, if any, is admitted by said defendant
to be due; and in such case the plaintiff may forthwith have judgment
entered up for the amount so admitted, as provided in the preceding
section.