ART. 64. ] PROCEEDINGS IN ACTIONS AT LAW.

mitted to the Court of Appeals, instead of being heard by the court
in banc

617

122* Whenever any cause shall be removed to any other court
upon a point or question reserved for the court in banc, as herein
provided, the said cause shall remain in the said court for trial as
if the same had originated therein.

N s S
Proceedings on
removal

JUDGMENTS.

123. The court shall give judgment in all actions according to
the very right of the cause and matter in law shall appear to them,
without regarding any matters of mere form, so as sufficient matter

Art 29, s 14
17G3, c 23, s 2
Judgments to
be given with-
out regard to
mere form
13 Md 378,
44 Md 319
4 G & J, 345

shall appear in the proceedings, upon which the court shall proceed
to give judgment, and that it shall appear that the action has been
commenced after the cause thereof shall accrue.
124- All judgments by confession on verdict, or by default, shall
be so entered as to carry interest from the time they were rendered.

Id 8 15
1809, o 153, s 4,
1811, c 161, s 5,
1864, c 311.
To carry in-
terest from date
2S Md 222,
29 Md 47S,
37 Md 443

125. All judgments confessed on terms to he filed, and all judg-
ments confessed without fixing the amount of the same, and where
no cause of action is filed by which said amount may be ascertained,
shall he considered interlocutory judgments; and the court shall,
on motion of the plaintiff or his attorney, at any term subsequent
to the entry of any such confession of judgment, order an inquisi-
tion or cause the judgment to be extended as in other cases of in-
terlocutory judgments, or as upon a judgment by default.

1864, c 113
Interlocutory
judgments,
when. and how
perfected
20 Md 327
32 Md 577

126. In all cases in any action on any promissory note, bill,
bond, or open account, in which an interlocutory judgment or judg-
ment by default has been or shall hereafter be entered in any of the
courts of this State, whereby the right of the plaintiff is established,
but the damages sustained by him are not ascertained, the judge of
the court where such judgment is shall, on motion of the plaintiff,
or of bis attorney, and the production to linn of the promissory
note, hill of exchange, bond, or wilting obligatory upon which the
suit was brought, or upon legal and satisfactory proof of the correct-
ness and amount of the claim where the suit was brought, to re-
cover a debt due upon open account, assess the damages, and order
the judgment to be extended for the amount so found to be due, and

1864, c 175
How damages
assessed and
judgment ex-
tended on judg-
ments interlo-
cutory or by
default
21 Md 552, 575,
24 Md 538,
20 Md. 361, 466,
29 Md 162

interest on the same till paid, and costs of suit. In all other cases
in which an interlocutory judgment, or judgment by default has
been, or shall hereafter be entered, the judge of the court where
such judgment is shall, on motion of the plaintiff, or his attorney,
make an order, in the nature of a writ of inquiry, to charge the
jury in attendance in such court to inquire of the damages and costs
sustained by the plaintiff in such action, which said inquiry shall be
made and the evidence given in open court, in the same manner and
under the same regulations as in other jury trials; and after the said

Other cases.

jury, charged as aforesaid, shall have considered thereof, they shall
forthwith return their inquisition, under their hands and seals, and

Inquisition by
Jury