|
ART. 26] STAY——JUDGMENT ON ADMISSIONS. 753
1888, art. 26, sec. 23. 1860, art. 29, sec. 19. 1829, ch. 166, sec. 1.
1830, ch 80. 1834, ch. 126. 1864, ch. 49
23. Upon all judgments rendered at the second term after
the defendant has been summoned, the defendant shall be
entitled to a stay of execution until the first Thursday of the
ensuing term, with the privilege of superseding the same in
the manner allowed by law at any time within two months
after the expiration of said stay and with the power of prose-
cuting an appeal or suing forth a writ of error, as authorized
by law; this section not to apply to judgments recovered in
the courts of Baltimore city.
Goldsborough v. Green, 32 Md. 91.
Ibid, sec 24. 1888, ch. 442.
24. Any party to an action or suit at law or in equity, may,
at any stage thereof, apply to the court for such order or judg-
ment as he may, upon any admissions of fact in the pleadings
or other written admissions in the case, be entitled to without
waiting for the determination of any other question between
the parties. Such application may be made by motion or peti-
tion so soon as the right of the party applying to the relief
claimed has appeared from the pleadings or other written
admissions in such action or suit, and the court may, upon
such application, give such relief, subject to such terms, if any,
as such court may think fit, and such order or judgment shall,
with the proceedings relating thereto, form part of the record
and be reviewable on appeal from the final judgment or decree
in such action or suit.
1888, art. 16, sec. 69. 1888, ch. 260.
25. No court shall refuse to issue a mandamus or injunction
on the mere ground that the party asking for the same has an
adequate remedy in damages, unless the party against whom
the same is asked shall show to the court's satisfaction that he
has property from which the damages can be made, or shall
give a bond in a penalty to be fixed by the court, and with a
surety or sureties approved by the court, to answer all damages
and costs that he may be adjudged by any court of competent
jurisdiction to pay to the party asking such mandamus or
injunction by reason of his not doing the act or acts sought to
be commanded, or by.reason of his doing the act or acts sought
to be enjoined, as the case may be.
Frederick Co. Bank v. Shafer, 87 Md. 58. Conner v. Groh, 90 Md. 684.
48
|
 |