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Session Laws, 1910 Session
Volume 487, Page 875   View pdf image (33K)
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GARRETT COUNTY. 875

so advised that the party making such oath or affirmation, and
if the co-partnership or incorporation of any of the parties to
the suit shall be alleged in the declaration and the affidavit to
be filed therewith, as hereinafter provided; or if there shall be
filed with the declaration in said cause any paper purporting
to be signed by any defendant therein, the fact of alleged co-
partnership, incorporation and the genuineness of such signa-
ture shall be deemed to be admitted for the purpose of said
cause, unless the said affidavit shall further state that the affi-
ant knows or has good reason to believe such allegation of co-
partnership or incorporation to be untrue, or that the signature
was not written by or with the authority of the person whose
signature it purports to be. In case any part of the debt or dam-
ages claimed to be admitted to be due, the plaintiff shall be
entitled forthwith to an entry of judgment therefor with costs,
in full satisfaction and discharge of action; provided, the
amount so admitted to be due shall not be below the jurisdic-
tion of the Court, or the defendant may pay such admitted part
into 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 plea and affidavits, which extension
shall suspend until the expiration thereof the plaintiff's rights
to enter judgment under this section.

Section 29c. The plaintiff shall not be entitled to judgment
Tinder the preceding sections unless at the time of bringing his
action he shall file with his declaration 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 discounts, and shall also file the bond, bill
of exchange, promissory note or other writing or account, or
a copy thereof, by which the defendant is so indebted, or if the
action be founded upon a verbal or implied contract shall file a
statement of the particulars of the defendant's indebtedness
thereunder; if there are two or more plaintiffs, the said affi-
davit or affirmation may be made by any one of them, or if
all the plaintiffs be absent from the State at the time of bring-
ing the suit, or if the plaintiff be a corporation the said affidavit
or affirmation may be made my any agent of plaintiff or plain-
tiffs, or any of them, who will make further oath or affirmation
that he has personal knowledge of the matter herein stated;
and the said affirmation or affidavit may be made before any of
the persons who may take an affidavit or affirmation to author-
ize the issuing of a foreign attachment, and may be certified in
the same manner.


 

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Session Laws, 1910 Session
Volume 487, Page 875   View pdf image (33K)
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