ART. 16] PLEADING, PRACTICE AND PROCESS. 433
liberty, within fifteen days after answer filed, to set down the
cause for argument upon that objection only; and the clerk, at
the instance of the plaintiff, shall make entry thereof in his
docket in the following form : "Set down upon the defendant's
objection for want of parties." And if the plaintiff shall not set
down the cause, but shall proceed therewith to a hearing, not-
withstanding the objection for want of parties taken by the
answer, he shall not, at the hearing of the cause, if the defend-
ant's objection for want of parties be then allowed, be entitled,
as of course, to an order for liberty to amend his bill by adding
parties; but the court or judge thereof may, if it be thought
fit, dismiss the bill. If, however, the cause be set down upon
the objection taken, and, upon hearing, the objection be allowed,
the plaintiff shall have liberty to amend, upon paying the cost
of amendment.
1888, art. 16, sec. 164. Rule 50.
177. All final decrees, and orders in the nature of final
decrees, shall be considered as enrolled from and after the
expiration of thirty days from the date of the same, the day
of the date inclusive.
Cherbonnier v. Goodwin, 79 Md 61.
Ibid sec. 165 Rule 51.
178. Clerical mistakes in decrees or decretal orders, or errors
arising from any accidental slip or omission, may, at any time
before the enrollment of such decrees or orders, be corrected
by order of the court or judge thereof upon petition, without
the form or expense of a rehearing.
Ibid. sec. 166 Rule 52.
179. Every petition for rehearing shall contain the special
matter or cause on which such rehearing is applied for, and
shall be signed by solicitor or the petitioner himself; and the
facts therein stated, if not apparent on the record, shall be
verified by the oath of the party, or by some other person.
No rehearing shall be granted after the enrollment of the
decree or decretal order; and if the decree or order has been
executed, parties who have acted on the faith of such decree
or order shall not be prejudiced by such decree or order being
reversed or varied.
Cherbonnier v. Goodwill, 79 Md. 61 Aukam v. Zantzinger, 94 Md. 425.
28
|
|