PLEADINGS, PRACTICE AND PROCESS AT LAW 2867

entrance thereto, or access therein to such person shall be by order or on
the behalf of such person refused, obstructed or prevented, so that the
officer charged with the service of such writ or process shall be unable to
serve the same, or can not do so without force, or personal risk, the said
officer shall leave a copy of such writ or process, if practicable or permitted,
with such person or persons as shall present themselves, where such writ
or process is sought to be served, and where or whereabout the person on
whom the same is sought to be served shall be; or shall set up such copy
upon the fortress, building or premises aforesaid, or as near thereto as may
be practicable; and shall make return of the facts accordingly; which
return shall to all legal intents, purposes and effect be equivalent to a
return of actual personal service of such writ or process upon the party
named therein.

Under this section, it is only where direct service upon defendant is prevented
within jurisdiction by "threats, violence, intimidation or superior force," or when
defendant is within a fortified place into which the officer cannot enter without force
or personal risk, that constructive or substituted service is permitted; otherwise there
can be no valid judgment in personam unless there is personal service or voluntary
appearance. Service held ineffectual. Wilmer v. Epstein, 116 Md. 144.

An. Code, 1924, sec. 183. 1912, sec. 173. 1914, ch. 432. 1920, ch. 661.

183. In all trials of actions at law in the Courts of this State, it shall
not be necessary to call the plaintiff before the verdict is rendered; nor
shall the plaintiff be entitled to dismiss his suit or submit to a voluntary
judgment of non pros after argument upon the facts has begun in cases
tried before a jury or before a Court sitting as a jury; but the plaintiff
shall have the same right to dismiss such case or submit to a voluntary
judgment of non pros thereon, up to the time when such argument on the
facts has begun, as before the enactment of this section except as herein-
after provided.

And in all cases where a defendant has specially pleaded set-off, the
defendant shall similarly be entitled to dismiss his claim of set-off, or
submit to a voluntary judgment of non pros thereon, to the same extent
and up to the same point of time as the plaintiff shall be entitled to take
such action with respect to his claim, and no voluntary dismissal of the
suit or submission to voluntary judgment of non pros by the plaintiff shall
interfere with or affect the right of the defendant to recover in said suit on
his plea of set-off.

Plaintiff has right to submit to a voluntary judgment of non pros as to one defendant
upon the grant of demurrer offered by that defendant. State v. Lupton, 163 Md. 180.

The provision of this section as to voluntary non pros does not apply to judgment
of non pros entered on defendant's motion. Phosphate, etc., Works v. Starler, 169
Md. 443.

Under this section plaintiff may dismiss his action before argument upon facts is
begun, so that defendant may not proceed with his claim of set-off. Gildea v. Lund,
131 Md. 388.

A non-pros may not be taken after argument on law and facts before judge sitting
as jury. Easter v. Overlea Land Co., 128 Md. 102.

See sec. 16.