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The Maryland Code Public General Laws, 1904
Volume 393, Page 1666   View pdf image (33K)
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1666 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75.

379. Hall v Sewell, 9 Gill, 154 Bridendolph v. Zellers, 3 Md. 325. Ibid.,
5 Md. 58. Katz v. Moore, 13 Md. 566. Gardner v. Jenkins, 14 Md. 62.
Sherwood «. Mohler, 14 Md. 564. Green v. Hamilton, 16 Md. 318 Kemp
v. Cook, 18 Md. 130. Montgomery v. Murphy, 19 Md. 580. King v. Hicks,
32 Md. 460. Johnson v. Lemmon, 37 Md. 336. Craig v. Wroth, 47 Md. 283.
Bond v. Citizens' Bank, 65 Md. 499.

1888, art. 75, sec. 61. 1860, art. 75, sec. 39. 1787, ch. 9, sec. 7.

63. Where a party to a suit dies and new parties are made
or to be made, the court may continue the case so long as may
be deemed necessary for the due administration of justice, not
exceeding the end of the fourth term after the death is sug-
gested, unless by consent of parties, or testimony or plats are
wanting.

Young v. Citizens' Bank, 31 Md. 66.

Ibid. sec. 62. 1860, art. 75, sec. 40. 1785, ch. 80, sec. 2. 1888, ch. 116.

64. Where a party in any action to recover lands, or in
which the title thereof is involved, shall die and the proper
person to be made a party in place of the person so dying shall
be an infant, such action shall not abate or be suspended until
the infant or infants attain full age of twenty-one years; but
the actual guardian may and shall be made a party to prosecute
or defend, and if there be no actual guardian the court, on the
motion of any party to the suit, shall appoint a guardian ad
litem, and the case shall proceed as if all parties were of full
age, and this section shall apply to pending cases.

Tise v. Shaw, 68 Md. 1.

Ibid. sec. 63. 1860, art. 75, sec. 41. 1729, ch. 24, sec. 16.

65. If any infant is entitled to lands by purchase, he shall
not be obliged to answer any suit or action, except in cases
where the heir would be bound by law to answer...

Ibid. sec. 64. 1860, art. 75, sec. 42. 1787, ch. 9, sec. 8.

66. In any case where the attendance of a witness residing
within this State to a material fact cannot be procured, the
case may be continued as long as the court thinks proper, if
the adverse party will not admit that such absent witness
would testify to such facts as provided in section 61 or con-
sent to the taking the deposition of such witness on interroga-
tories before some justice of the peace where the witness
resides.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1666   View pdf image (33K)
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