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Session Laws, 1947
Volume 411, Page 1767   View pdf image (33K)
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WM. PRESTON LANE, JR.. GOVERNOR. 1767
CHAPTER 717.

(House Bill 278;

AN ACT to repeal and re-enact, with amendments, Sub-sec-
tion (a) of Section 27 of Article 50 of the Annotated Code
of Maryland (194.3 Supplement), title "Joint Obligations
and Joint Tenancy", sub-title "Joint Tortfeasors", relating
to the time within which a defendant may move to implead
third-party defendants as joint tortfeasors.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Sub-section (a) of Section 27 of Article 50 of the-
Annotated Code of Maryland (1943 Supplement), title "Joint
Obligations and Joint Tenancy", sub-title "Joint Tortfeasors",
be and it is hereby repealed and re-enacted, with amend-
ments, to read as follows:

27. Procedure and Practice.

(a) Before answering a defendant seeking contribution in a
tort action may move ex parte or, within thirty (30) days
after answering, or thereafter during the pendency of the
case if in the discretion of the court good cause for the delay
is shown, on notice to the plaintiff, for leave as a third-
party plaintiff to serve a summons and pleading upon a per-
son not a party to the action who is or may be liable as a
joint tortfeasor to him or to the plaintiff for all or part
of the plaintiff's claim against him. If the motion is granted
and the summons and pleading are served, the person so
served, hereinafter called the third-party defendant, shall
make his defense to the claim of the plaintiff and to the
third-party claim in the same manner as defenses are made
by an original defendant to an original pleading. The third-
party defendant may assert any defenses which the third-
party plaintiff has to the plaintiff's claim. The plaintiff
shall amend his pleadings to assert against the third-party
defendant any claim which the plaintiff might have asserted
against the third-party defendant had he been joined origin-
ally as a defendant. The third-party defendant is bound by
the adjudication of the third-party plaintiff's liability to the
plaintiff as well as of his own liability to the plaintiff and to
the third-party plaintiff. A third-party defendant may pro-
ceed under this section against any person not a party to the
action who is or may be liable as a joint tortfeasor to him
or to the third-party plaintiff for all or part of the claim
made in the action against the third-party defendant.

 

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Session Laws, 1947
Volume 411, Page 1767   View pdf image (33K)
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