COURTS 1067

An. Code, 1924, sec. 22. 1912, see. 22. 1904, sec. 22. 1888, sec. 22. 1888, ch. 474.

22. Every order of court, whether in an action, cause or matter, may be
enforced in the same manner and by the same writs as a judgment or decree
to the same effect.

An. Code, 1924, sec. 23. 1912, sec. 23. 1904, sec. 23. 1888, sec. 23. 1829, ch. 166, sec. 1.
1830, ch. 80. 1834, ch. 126. 1864, ch. 49. 1927, ch. 432.

23. Upon all judgments rendered at the second term after the defen-
dant has been summoned, the defendant shall be entitled to a stay of execu-
tion until the first Thursday of the ensuing term, with the privilege of
superseding the same in the manner allowed by law at any time within two
months after the expiration of said stay and with the power of prosecuting
an appeal or suing forth a writ of error, as authorized by law; this section
not to apply to judgments recovered in the courts of Baltimore City and
Prince George's County.

This section applied. Goldsborough v. Green, 32 Md. 92.

An. Code, 1924, sec. 24. 1912, sec. 24. 1904, sec. 24; 1888, sec. 24. 1888, ch. 442.

24. Any party to an action or suit at law, or in equity, may, at any stage
thereof, apply to the court for such order or judgment as he may, upon any
admission of fact in the pleadings or other written admissions in the case,
be entitled to without waiting for the determination of any other question
between the parties. Such application may be made by motion or petition
so soon as the right of the party applying to the relief claimed has appeared
from the pleadings or other written admissions in such action or suit, and
the court may, upon such application, give such relief, subject to such terms,
if any, as such court may think fit, and such order or judgment shall, with
the proceedings relating thereto, form part of the record and be reviewable
on appeal from the final judgment or decree in such action or suit.

An. Code, 1924, sec. 26. 1912, sec. 26. 1904, sec. 26. 1888, sec. 25. 1802, ch. 101, sec. 1.

25. If an administrator conceives that he has not assets sufficient to
'discharge the claim, or any part thereof for which a suit shall be brought
against him, he may plead the fact and a trial by a jury shall be thereupon

had.

Aa to suits by and against administrators, see art. 93, sec. 109.

As to cases before justices of the peace to which an executor or administrator is a
party, see art. 52, sec. 10, et seq.

An. Code, 1924, sec. 27. 1912, sec. 27. 1904, sec. 27. 1888, sec. 26. 1802, ch. 101, sec. 1.

26. If, on any trial so had against an administrator, the debt or demand
of the plaintiff shall be contested, and there be any other issue joined than
upon the subject of assets, the jury, if they find for the plaintiff upon the
issue so joined, and the amount of assets found by them to be less than
the debt or demand of the plaintiff, shall declare the amount of the debt or
demand, and also the sum to be paid by the defendant to the plaintiff,
regard being had to the amount of the assets in hand, and the debts due from
the deceased; and the court shall thereupon enter judgment against the
defendant for the penalty of the bond or damages laid in the plaintiff's
declaration, and costs of suit, if the court shall so direct, to be released upon
payment of the sum ascertained to. be paid by the verdict of the jury, and
interest thereon from the time of rendering the said judgment.

If this section is not followed, and the jury does not pass upon the sufficiency of
assets, though the undisputed evidence shows that assets were insufficient and less than