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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 3334   View pdf image (33K)
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3334 ARTICLE 16.

or affirmation be made as hereinafter provided, shall be entitled to judg-
ment, to be entered by the court or the 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 defence and
unless the defendant or some one in his behalf shall under oath or affirma-
tion, state that every plea so pleaded by the defendant is true, and shall
further state what amount of the plaintiff's demand, if anything, is ad-
mitted to be due or owing, and what amount is disputed; and if the co-
partnership or incorporation of any of the parties to the suit shall be
alleged in the declaration, and the affidavit filed therewith and hereinafter
provided for, 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 incorporation, and the genuineness of such
signature shall be deemed to be admitted for the purposes of said cause,
unless the said affidavit shall further state that the affiant knows or has
good reason to believe, such allegation of co-partnership or incorporation
to be untrue, or that such 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 be admitted to be due, the plaintiff shall be en-
titled to an entry of judgment therefor, as aforesaid, with costs, in full
discharge of the 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 thereupon such proceedings shall be had as
are provided by law in other cases of payment of money into court; pro-
vided, 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 affidavit, which extension shall suspend until the expiration thereof,
the plaintiff's right to enter judgment under this section; and provided
further, that the court may, and it shall be its duty to pass such rules
as may be necessary to carry ont the purpose of this subtitle of this
Article.

1894, ch. 561, sec. 1. 1912, ch. 790, sec. 98.

146. The plaintiff shall not be entitled to judgment under the preced-
ing sections, unless at the time of bringing his action, or before the day
to which process is returnable he shall file with his declaration an affidavit,
or affirmation, if the affiant has conscientious scruples as to taking an oath,
stating the true amount in which 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 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 plaintiffs, the said affidavit or affirma-
tion may be made by any one of them, or the said affidavit or affirmation
may be made by any agent of the plaintiff or plaintiffs or any of them,
who will further make oath or affirmation that he has personal knowledge

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 3334   View pdf image (33K)
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