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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2825   View pdf image (33K)
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PLEADINGS, PRACTICE AND PROCESS AT LAW 2825

An. Code, 1924, sec. 57. 1912, sec. 53. 1904, sec. 53. 1888, sec. 52. 1888, ch. 410.

57. Upon the finding of the jury on any such issue or issues, judgment
may be entered for such sum as shall be so agreed or ascertained as afore-
said, with or without costs, as the case may be, on which execution may
issue as in other cases, unless otherwise agreed, subject to the right of
either side to move to set aside the verdict or for a new trial, and such
judgment shall have all the effect and incidents of other judgments at law.

An. Code, 1924, sec. 58. 1912, sec. 54. 1904, sec. 54. 1888, sec. 53. 1888, ch. 410.

58. Parties may after action docketed at any time before judgment,
by consent and order of the court, state any question or questions of law
in a special case for the opinion of the court without any pleading.

See sec. 133.

Cited but not construed in U. S. Fid. Co. v. Crown Cork, etc., Co., 145 Md. 517
(involving liability on schedule bond).

An. Code, 1924, sec. 59. 1912, sec. 55. 1904, sec. 55. 1888, sec. 54. 1888, ch. 410.

59. The parties may, if they think fit, enter into agreement in writ-
ing, filed in the cause, that, upon the judgment of the court being given
in the affirmative or negative of the question or questions of law raised
by such special case, or any of them, a sum of money fixed in said agree-
ment by the parties, or to be ascertained by the court, or in such manner as
the court may direct, shall be paid by one of the parties to the other of
them, either with or without the costs of the action, and the judgment
of the court may be entered for such sum as shall be so agreed or ascer-
tained, with or without costs as the case may be; and execution may at
once issue on such judgment, unless otherwise agreed, or unless stayed
according to law on appeal or error, and such judgment shall have all the
effect and incidents of other judgments at law; in case there shall be no
agreement with regard to costs, they shall be governed by the law apply-
ing to costs in other actions at law.

See notes to sec. 58.

An. Code, 1924, sec. 60. 1912, sec. 56. 1904, sec. 56. 1898, ch. 241.

60. The "next friend," or prochein ami, who shall have brought any
suit at law for the benefit of any infant or infants, shall have authority
to compromise and settle said suit and the cause of action; provided, that
whenever such "next friend" shall not be a parent of the infant or a
person standing in loco parentis, the consent of such parent or other per-
son shall first be had and obtained; and if both parents be dead and there
be no other person having the care and custody of the infant, the authority
of the orphans' court of the city or county in which such suit has been
brought shall be requisite to give validity to the proposed compromise or
settlement; but such authority shall never be granted except upon written
application therefor by such "next friend" setting forth under oath all
the facts of the case and the reasons why such compromise or settlement
is deemed to be for the best interest of the infant. This section shall apply
to suits brought by the State of Maryland for the use of infants as equit-
able plaintiffs, as well as to suits brought by infants as plaintiffs by their
"next friend."

Under this section, the next friend of an infant has authority to compromise and
settle a suit. Clark v. Southern Can Co., 116 Md. 92.

See art. 93, sec. 271.

See art. 72a.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2825   View pdf image (33K)
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