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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 559   View pdf image (33K)
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BALTIMORE COUNTY. 559

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 affi-
davit 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 genuineness of such signature shall be deemed to be
admitted for the purpose of said cause, unless the said affidavit shall fur-
ther state that the affiant knows or has good reason to believe such alle-
gations of co-partnership or incorporation to be untrue, or that such sig-
nature was not written by or by the authority of the person whose signa-
ture it purports to be. In case any part of the debt or damage 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 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 plain-
tiff may join issue or reply to the pleas as to the 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 por-
tion in all cases where the amount originally claimed shall be within the
jurisdiction of the court, but if either judgment in the case be below the
jurisdiction of the court, no execution shall issue from that court 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 that court, provided that the court for good cause shown may
by its order in writing passed at any time beefore judgment extend the
time for filing such pleas and affidavits, which extension shall suspend
until the expiration thereof the plaintiff's right to enter judgment under
this section.

Schaible r. Home Ins. Co., 132 Md. 681. Wilhelm v. Mitchell, 131 Md. 358.

1894, ch. 631. B. Co. C., sec. 40. 1916, sec. 78. 1928, sec. 85.
85. The plaintiff shall not be entitled to judgment under the preceding
sections, unless at the time of bringing his action he shall file his declara-
tion, with an affidavit or affirmation, if the affiant is conscientiously scru-
pulous as to taking an oath, stating the true amount the defendant is
indebted to him, over and above all discounts, and shall also file the bond,
bill of exchange, promissory note or other writings or account by which
the defendant is so indebted; or if the action be formed upon a verbal
or implied contract, shall file a statement of the particulars of the defend-
ant's indebtedness thereunder; if there are two or more plaintiffs the
said affidavit or affirmation may be made by any one of them, or if all
rhe plaintiffs be absent from the State at the time of bringing such suit,
or if the plantiff be a corporation, the said affidavit or affirmation may be

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 559   View pdf image (33K)
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