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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1063   View pdf image (33K)
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COURTS 1063

This section and secs. 16-21 cited but not construed in Caltrider v. Caples, 160 Md. 394.
Cited but not construed in Christian v. Construction Co., 161 Md. 101; in Ehrhart v.
Board of Education, 169 Md. 669.
See art. 50, sec. 13.
See notes to art. 5, sec. 17.

An. Code, 1924, sec. 15. 1912, sec. 15. 1904, sec. 15. 1888, sec. 15. 1888, ch. 317.

16. Upon all agreed statements of facts, all special cases stated,
and all special verdicts, the court shall be at liberty to draw all inferences
of facts or law that court or jury could have drawn from the facts so agreed
or stated as if the same had been offered in evidence upon a trial before
the court or before the court and a jury.

This section does not relieve the parties from necessity of properly presenting ques-
tions of law to be submitted to lower court if a review of decisions of such court thereon
is desired. How such questions should be presented. Bank of La Plata v. Charles County,
120 Md. 10.

For an inference of fact drawn, by virtue of this section, from an agreed statement,
see Reed Grocery Co. v. Canton Bank, 100 Md. 305. See also Baltimore v. Consol. Gas
Co., 99 Md. 544.

Prior to the act of 1888, ch. 317, the court could not draw inferences from the facts
stated, unless it was so agreed. Tyson v. Western Natl. Bank, 77 Md. 421.

See notes to sec. 15.

An. Code, 1924, sec. 16. 1912, sec. 16. 1904, sec. 16. 1888, sec. 16. 1809, ch. 153, sec. 4.
1811, ch. 161, sec. 5. 1914, ch. 111.

17. All judgments by confession or by default shall be so entered as to
carry interest from the time they are rendered, and all judgments on
verdict shall be so entered as to carry interest from the date of the render-
ing of such verdict.

Interest allowed from date of judgment nisi in favor of plaintiff though final judgment
delayed by intervening motions of defendant. Hodgson v. Phippin, 159 Md. 101.

See notes to sec. 15.

Judgment may be entered for amount of claim and interest, and from that date
interest accrues on amount of the judgment. This section has never been extended to
decrees in equity on bills for an account. Rayner v. Bryson, 29 Md. 482. And see note
to Hammond v. Hammond, 2 Bl. 308.

If judgment is entered without interest, it is an irregularity which will not cause a
reversal on the plaintiff's appeal. Anders v. Devries, 26 Md. 227.

Interest accrues from time judgment is rendered, and not from time of verdict. Balti-
more City Pass. Ry. Co. v. Sewell, 37 Md. 456.

This section referred to in discussing whether a judgment was final or interlocutory.
Davidson v. Myers, 24 Md. 552 (dissenting opinion).

Cited but not construed in Hammond v. Hammond, 2 Bl. 370.

An. Code, 1924, sec. 17. 1912, sec. 17. 1904, sec. 17. 1888, sec. 17. 1888, ch. 366.

18. Whenever, by reason of the verdict of a jury being below the juris-
diction of the court in which the same is rendered, a judgment of non
pros, is entered, the record of such judgment shall be a bar to any action
founded upon the same cause of action in that or any court, the limit of
whose jurisdiction shall be greater than the amount of such verdict; but
the amount of such verdict, less such costs as may be adjudged against the
plaintiff, shall be a debt from the defendant to the plaintiff, recoverable in
any court that may have jurisdiction to that amount, or before a justice
of the peace, as the case may be; and a short copy of the verdict and judg-
ment, with the legally taxed bill of costs shall be conclusive evidence of the
balance so recoverable.

In view of this section and of art. 75, secs. 16 and 17, a verdict in an action ex con-
tractu being for the plaintiff for ninety dollars and a judgment of non pros, and for the
defendant for costs having been entered, such judgment is a finality, since it con-
clusively establishes the debt, and the defendant may appeal where there is a plea of
set-off in the case. Baer v. Robbins, 117 Md. 224.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1063   View pdf image (33K)
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