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The Maryland Code Public General Laws, 1904
Volume 393, Page 421   View pdf image (33K)
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ART. 16] PLEADING, PRACTICE AND PROCESS. 421

1888, art. 16, sec 125.- Rule 10.

138. All infants and other persons under any disability to
sue may sue by their guardian or committee, if any, or by
their prochein ami; subject, however, Jo such orders as the
court or judge thereof may direct for the protection of infants
and other persons; but before the name of any person shall
be used in any suit to be instituted, as next friend of any
infant or other party, or as relator in any information, such
person shall sign a written authority to the solicitor for that
purpose, and such authority shall be filed with the bill or other
proceeding.

Ibid. sec. 126. Rule 11.

139. Defendants shall have fifteen days from the time of
the return of process served, within which to enter an appear-
ance, before they shall be treated as in default for non-appear-
ance; and from the time of appearance entered, said defendants
shall have twenty days within which to answer; and it shall
be the duty of the clerk, in all cases in entering the appearance
of defendants, to note in the margin of the docket the time of
such appearance entered; and if the appearanpe be by solicitor,
and there be more than one defendant, the clerk shall note for
which defendant the appearance is entered; and the court or
judge thereof may, for special reason shown, extend or enlarge
the time to answer, according to the nature and circumstances
of the case.

Harrison v. Morton, 87 Md 676. Aukam v. Zantzinger, 94 Md. 425.
Reichard v. Izer, 95 Md. 466.

Ibid. sec. 127. Rule 12.

140. Upon service of process, or notice given by publica-
tion, as the case may be, the adult defendants, not being insane,
shall appear and file their answer, plea or demurrer, to the bill
or petition, within the time allowed by this article, or by the
terms of the order of publication, or special order for the
extension of time; and in default of appearance, or of answer,
plea or demurrer, after appearance within the time allowed,
the plaintiff may, at his election, obtain an order as of course,
that the bill be taken pro confesso as against such defendants ;
and thereupon the cause shall be proceeded with ex parte as
against the defendants so in fault; and the matter of the bill
or petition may be decreed by the court or judge thereof at
any time after the lapse of thirty days from the date of the
order pro confesso, if there be no answer, plea or demurrer
interposed, and the allegations of the bill or petition present


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 421   View pdf image (33K)
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