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Session Laws, 1922
Volume 563, Page 521   View pdf image (33K)
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ALBERT C. RITCHIE, GOVERNOR. 519

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 sig-
nature 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
may at once have execution therefor; and, upon such entry of
judgment, the plaintiff may join issue or reply to the pleas as
to such disputed portion; and the case shall be proceeded with
as to such disputed portion in the same manner as if the suit
had been originally instituted for the recovery of the same;
and the court shall have jurisdiction as to such disputed por-
tion in all cases where the amount, originally claimed shall be
within the jurisdiction of the court; but, if either judgment
in the case below the jurisdiction of the court, no execution
shall issue on the same; and the provisions of Section 17 of
Article 26 of the Code of Public General Laws shall apply
thereto; yet if the sum of the two judgments shall equal such
jurisdiction, they may then be included in an execution issued
from the court; provided, that the court for good cause shown
may, by its order in writing, passed at any time before judg-
ment, extend the time for filing such pleas and affidavits, which
extension shall suspend, until the expiration thereof, the plain-
tiff's right to enter judgment under this section.

159J. The plaintiff shall not be entitled to a judgment
under the preceding section, unless at the time of bringing his
action he shall file with his declaration an affidavit, or affirma-
tion 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 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 affidavit or affirmation


 

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Session Laws, 1922
Volume 563, Page 521   View pdf image (33K)
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