ART. 14.] HOWARD COUNTY. 859
court may prescribe as to pleading and practice, and the case
shall be entered in their order on the trial docket for the suc-
ceeding term.
37E. Every suit in which any defendant shall be returned
summoned, except suit on contract, as hereinafter provided,
shall stand for trial or judgment at the next term succeeding
the return day or term to which said defendant was returned
summoned, as now provided by law, subject to such rules as
the court may prescribe as aforesaid.
37F. In suits where the cause of action is a contract, whether
in writing or not, or whether expressed or implied, the plain-
tiff, if affidavit or affirmation be made, as hereinafter stated,
shall be entitled to judgment, to be entered by the court or
clerk thereof on the return day or the first day of the term next
succeeding the return day, or the term to which the defendant
shall have been returned summoned, although the defendant
may have pleaded, unless such plea contains a good defense and
unless the defendant or some one in his behalf, shall, under
oath or affirmation, state that every plea pleaded by the defen-
dant is true, and shall further state what amount of the plain-
tiff's demand, if any, is admitted to be due or owing and what
amount is disputed; and if the co-partnership or incorpora-
tion of any of the parties to the suit shall be alleged in the
declaration, affidavit or affirmation filed therewith as herein-
after provided, or if there shall be filed with the declaration
in said causes or at time of bringing the suit, any paper pur-
porting to be signed by any defendant therein, the fact of such
alleged co-partnership or incorporation and the genuineness
of such signature shall be deemed to be admitted for the pur-
pose of said cause, unless the affidavit, or the defendant, as
made in his behalf before provided, shall further state that
the affiant knows or has good reason to believe such allega-
tion of co-partnership or incorporation to be untrue, or that
such signature was not written by or by the authority of the
person whose signature it purports to be; in case any part of
the debt or damages claimed be admitted to be due, the plain-
tiff shall be entitled to an entry of judgment therefor with
costs in full discharge of the action, provided 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 pro-
vided 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 affidavits, which extension
|
![clear space](../../../images/clear.gif) |