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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 413   View pdf image (33K)
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ANNE ARUNDEL COUNTY. 413

admitted to be due, and judgment shall be entered for the plaintiff at his
election for the sum acknowledged to be due; the whole or the disputed
portion of the plaintiff's claim, at his election shall stand for trial at the
next jury term of the Circuit Court for Anne Arundel County after the
filing of said affidavit; provided, that no judgment shall be entered by
virtue of this section unless the plaintiff, or if there be more than one,
some one or more of the plaintiffs shall, at the time of the bringing of
the action file in the office of the clerk of the court a copy of the instru-
ment of writing or book entries or open accounts or claims, or in the case
of a foreign judgment, an exemplified copy of said judgment, with an
affidavit stating the sum demanded, and that the same is believed to be
justly and truly due; and provided further that a copy of said account
or other evidence of debt be served upon the defendant with a copy of
the summons in the case, which summons shall contain a notice that
judgment may be entered upon the suit unless a sworn defense is filed
within twenty days after the return day to which said defendant is sum-
moned. No stay of execution shall be granted on any such judgment un-
less a supersedeas be filed, with proper surety thereon, as now provided
by law.

For the purpose of this Act return days to which process issued here-
under shall be returnable, shall be the first Monday in January, first
Monday in March, first Monday in May, first Monday in July, first
Monday in September and first Monday in November and all process is-
sued under the provisions of this Act shall be returnable to the next suc-
ceeding return day, as above provided after the issuing of said process,
provided the suit be docketed at least twenty days before the return day
to which the process is made returnable.

1927, ch. 441, sec. 149C.

190. In all actions ex delicio in which a judgment by default or inter-
locutory judgment has been entered by the court against one or more
defendants, final judgment may be entered by the court upon evidence
offered by the plaintiff if found sufficient by the court for the purpose
without a jury, provided a copy of the declaration in the case be served
upon the defendant or upon each of the defendants, if there be more than
one, duly certified by the clerk of the court together with a notice from
the clerk of the court to the defendant or defendants notifying them and
each of them of the entry of judgment by default or interlocutory judg-
ment in the case, as the case may be and notifying them and each of
them that they have a right to a jury trial on the plaintiff's cause of action
and warning them that if they do not within thirty days from the service
of copy of declaration and notice of right of jury trial claim a jury trial,
then their right to a jury trial will be considered to be waived and the
court may proceed to hear the evidence and enter up judgment, if the
evidence be found sufficient, as in the case of an inquisition by a jury,
as heretofore practiced in such cases. And in case there be more than
one defendant then judgment may be entered up after service of the

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 413   View pdf image (33K)
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