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Session Laws, 1894 Session
Volume 480, Page 685   View pdf image (33K)
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FRANK BROWN, ESQUIRE, GOVERNOR.

CHAPTER 463.

AN ACT to add additional sections to Article six of the Code
of Public Local Laws, title "Caroline County," sub-title
" Circuit Court," to come in after Section forty-nine, and to
be designated as forty-nine A, forty-nine B, forty-nine C,
forty-nine D, forty-nine E, and forty-nine F.

685


SECTION 1. Be it enacted by the General Assembly of
Maryland, That the following sections be added to article six
of the Code of Public Local Laws, title " Caroline County,"
sub-title "Circuit Court," to come in after section forty-nine,
and to be designated as forty-nine A, forty-nine B, forty-nine
C, forty-nine D, forty-nine E, and forty-nine F.

New sections.

49 A. in any suit, when the cause of action is a contract,
whether in writing or not, or whether expressed or implied,
the plaintiff, if affidavit or affirmation be made, as hereinafter
stated, shall be entitled to judgment, to be entered by the
court, on motion, at any time after the return day of the term
next succeeding the one to which the defendant shall have been
summoned, although the defendant may have pleaded, unless,
such plea contains a good defence, and unless the defendant,
or some one on his behalf, shall, under oath or affirmation, to be
annexed to said plea, state every plea so pleaded by the defend-
ant is true, and shall further state the amount of the plaintiff's
demand, if anything is admitted to be due and owing, and
the amount disputed; and further, that the affiant verily
believes the defendant will be able, at the trial of the cause,
to produce sufficient evidence to support the plea as to the
portion disputed, and that he is advised by counsel to file the
said plea; and such plea shall be accompanied by a certificate
thereto annexed, of counsel, that he so advised the party
making such oath or affirmation; and if the partnership or
incorporation of any of the parties to the suit shall be alleged
in the declaration, and the affidavit be filed therewith, as here-
inafter provided, or if there shall be filed with the declaration
in said cause any paper purporting to be signed by any defend-
ant therein, the fact of such alleged copartnership or incorpo-
ration, and the genuineness of such signature, shall be deemed
to be admitted for the purposes of said cause, unless the said
affidavit shall further state that the affiant knows or has good
reason to believe such allegation of copartnership or incorpora-
tion to be untrue, or that such signature was not written by,
or by the authority of the person whose signature it purports

Pleadings in
suits on
contracts.



 
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Session Laws, 1894 Session
Volume 480, Page 685   View pdf image (33K)
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