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Session Laws, 1888 Session
Volume 481, Page 276   View pdf image (33K)
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276

LAWS OF MARYLAND,
such alleged copartnership or incorporation, and

What deemed
to be admitted

the genuineness of such signature, shall be
deemed to be admitted for the purpose of said
cause, unless the affidavit of the defendant is
made in his behalf, as before provided, shall
further state that the affiant knows, or has good
reason to believe, such allegation of copartner-
ship or incorporation to be untrue, or that such
signature was not written by, or by the author-
ity, of the person whose signature it purports
to be ; in case any part of the debt or damages

What plaintiff
is entitled to.

claimed be admitted to be due, the plaintiff shall
be entitled to an entry of judgment therefor,
with costs, in full discharge to the action ; pro-
vided the amount so admitted to be due shall
not be below the jurisdiction of the court, or the
defendant may pay such admitted part into the
court, and thereupon such proceedings shall be
had as are provided by law in other cases of
payment of money into court ; provided that the
court, for good cause shown, may, by its order in
writing, passed at any time before judgment,
extend the time for filing such pleas and affida-
vits, which extension shall suspend until the
expiration thereof the plaintiff's right to enter
judgment under this section; and provided
further that the court may, and it shall be its
duty to, pass such rules as may be necessary to
carry out the purposes of this act.
SEC. 40 G. The plaintiff shall not be entitled
to judgment under the preceding sections, un-

How entitled
to judgment.

less at the time of bringing his action he shall
file his declaration with an affidavit, or affirma-
tion if the affiant is conscientiously scrupulous
as to taking an oath, stating the true amount
the defendant is indebted to him over and above
all discount, and shall also file the bond, bill of
exchange, promissory note or other writing or
account by which the defendant is so indebted ;
or if the action be founded upon a verbal or im-
plied contract, shall file a statement of the par-
ticulars of the defendant's indebtedness there-
under ; if there are two or more plaintiffs, the
said affidavit or affirmation may be made by
any one of them ; or if all the plaintiffs be absent
from the state at the time of bringing of said
suit, or if the plaintiff be a corporation, the said



 
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Session Laws, 1888 Session
Volume 481, Page 276   View pdf image (33K)
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