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Session Laws, 1922
Volume 563, Page 333   View pdf image (33K)
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ALBERT C. RITCHIE, GOVERNOR. 331

SEC. 159h: Every suit in which any defendant shall be
returned summoned, shall stand for trial or judgment (as
against such defendant) at the return day next succeeding the
return day to which he has been summoned, providing the
declaration shall have been filed in court and a copy thereof
shall have been served upon the defendant or his attorney at
least fifteen days before said return day.

SEC. 159i: In any suit when the cause of action is a con-
tract, whether in writing or not, or whether expresses or im-
plied, the plaintiff if affidavit or affirmation be made, as here-
inafter stated, shall be entitled to a judgment, to be entered by
the court or the clerk thereof on motion, in writing, at any time
after fifteen days from the return day to which the defendant
shall have been 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 so pleaded by the defendant
is true; and shall further state the amount of said plaintiff's
demand, if anything, admitted to be due or 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 dis-
puted, and that he; is advised by counsel to file the said plea;
and such plea shall be accompanied by a certificate of counsel
that he so advised 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 such alleged
co-partnership or incorporation, and the genuineness of such
signature shall be deemed to be admitted for the purpose of
such cause, unless the said affidavit shall further state that the
affiant knows, or has good reason to believe, such allegation 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 plaintiff
shall be entitled forthwith to an entry of judgment therefor,
with costs, in the discretion of the court, to the time of entry
of such judgment; and, if the amount so admitted to be due
shall not be below the jurisdiction of the court, the plaintiff


 

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Session Laws, 1922
Volume 563, Page 333   View pdf image (33K)
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