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The Maryland Code Public General Laws, 1904
Volume 393, Page 1676   View pdf image (33K)
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1676 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

their hands and seals and the court shall order such judgment
to be extended in accordance with the terms of such finding of
the jury.

Harris v. Jaffray, 3 H. & J. 543. Wilmer v. Harris, 5 H. & J: 1. Kiersted
v. Rogers, 6 H. & J 288. Hopewell v. Price, 2 H. & G. 275. Laidler v.
State, 2 H. & G. 277. Cushwa v. Cushwa, 9 Gill, 244. Green v. Hamilton,
16 Md. 329. Huston v. Ditto, 20 Md. 306. Griffith v. Lynch, 21 Md. 575.
Davidson v. Myers, 24 Md. 538. Stansbury v. Keady, 29 Md. 361. Horner
v. O'Laughlin, 29 Md. 465.

1888, art. 75, sec. 87. 1860, art. 75, sec. 63. 1785, ch. 80, sec 13.

90. In all cases of actions brought for the penalty of any
bond, bill, covenant or contract with penalty, the jury may,
under the direction of the court, upon the plea of payment or
performance of the conditions or terms of the contract, ascer-
tain and by their verdict find what sum of money is really and
justly due to the plaintiff; and upon such finding, judgment
shall be entered by the court for the penalty, to be released
upon payment of the sum of money so found to be due, and
interest on the same till paid, and costs of suit; and the sum
really due as aforesaid, or in any other manner ascertained,
upon bonds and other instruments of writing, with penalty,
shall be considered in law as the true debt and shall be so
pleaded by and allowed to administrators and others.

State v. Wilson, 38 Md. 338. State v. Tabler, 41 Md. 236. Orendorff v.
Utz, 48 Md. 298.

Legal Sufficiency of Evidence.

1894, ch. 516, sec. 87.

91. If the defendant in any action at law in contract or in tort
shall, at the close of the plaintiffs evidence and before offering
any evidence or defense, pray the court to instruct the jury that
the plaintiff in such action has offered no evidence legally
sufficient to entitle the plaintiff to recover, or a prayer to the
same effect, and the court shall reject such prayer, the defend-
ant shall not be precluded from offering evidence of defense,
but any defendant in such action may offer evidence of defense
as fully and to the same extent as though such prayer had not
been offered.

Barabasz v. Kabat, 91 Md. 55. United R. W. v. State, 93 Md. 624. N. Y.,
P. & N. R. R. Co. v. Jones. 94 Md. 35.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1676   View pdf image (33K)
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