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The Maryland Code, Public Local Laws, 1888
Volume 390, Page 344   View pdf image (33K)
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344 CITY OF BALTIMORE. [ART. 4.

counsel that he so advised the party making such oath or affirmation;
and if the copartnership or incorporation of any of the parties to
the suit shall be alleged in the declaration and the affidavit to be
filed therewith, as hereinafter provided; or if there shall be filed
with the declaration in said cause, any paper purporting to be
signed by any defendant therein, the fact of such alleged copart-
nership or incorporation, and the genuineness of such signature
shall be deemed to be admitted for the purposes of said cause,
unless the said affidavit shall further state that the affiant knows,
or has good reason to believe, such allegation of copartnership or
incorporation to be untrue, or that such signature was not written
by or by the authority of the person whose signature it purports
to be. In case any part of the debt or damages claimed be ad-
mitted to be due, the plaintiff shall be entitled forthwith to an
entry of judgment therefor, with costs, in full satisfaction and
discharge of the action; provided, the amount so admitted to be
due shall not be below the jurisdiction of the court, or the de-
fendant may pay such admitted part into court; and thereupon
such proceedings shall be had as are provided by law in other
cases of payment of money into court; provided, that the court
for good cause shown, may, by its order in writing, passed at any
time before judgment, extend the time for filing such pleas and
affidavits, which extension shall suspend, until the expiration
thereof, the plaintiffs right to enter judgment under this section.

1886, ch. 184.

168. The plaintiff shall not be entitled to judgment under the
preceding section, unless at the time of bringing his action he
shall file with his declaration an affidavit or affirmation, if the
affiant is conscientiously scrupulous as to taking an oath, stating
the true amount the defendant is indebted to him, over and above
all discounts, and shall also file the bond, bill of exchange,
promissory note or other writing or account, by which the de-
fendant is so indebted; or if the action be founded upon a verbal
or implied contract, shall file a statement of the particulars of
the defendant's indebtedness thereunder; if there are two or
more plaintiffs, the said affidavit or affirmation may be made by
any one of them, or if all the plaintiffs be absent from the State
at the time of the bringing of said suit, or if the plaintiff be a

 

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The Maryland Code, Public Local Laws, 1888
Volume 390, Page 344   View pdf image (33K)
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