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Session Laws, 1922
Volume 563, Page 520   View pdf image (33K)
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518 LAWS OF MARYLAND. [CH.

forthwith sue out his writ of inquiry, or otherwise enter up
final judgment according to the course of the Court.

159G. When any action shall be brought upon a titling
and the defendant shall have been summoned, the plaintiff shall
file his declaration within fifteen days after the return day to
which said defendant has been summoned, or a judgment of
non pros may be entered by the Court or the clerk thereof, upon
a motion made in writing by the defendant, unless the Court,
for good cause shown, shall grant further time; but, if the
plaintiff shall have filed his declaration in any such action, at
any time before the entry of a judgment of non pros against
him, the defendant shall be required to plead to such declara-
tion within the time and upon the terms prescribed by the
rules of court, or judgment by default may be entered against
him as provided by said rules.

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.

1591. 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 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


 

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Session Laws, 1922
Volume 563, Page 520   View pdf image (33K)
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