clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Session Laws, 1935
Volume 579, Page 382   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

382 LAWS OF MARYLAND. [CH. 169

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 re-
ply to the pleas as to the 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 portion in all cases where
the amount originally claimed shall be within the jurisdic-
tion of the Court, but if either judgment in the case be be-
low the jurisdiction of the Court, no execution shall issue
from that Court on the same, and the provisions of Section
17 of Article 26 of the Code of Public General Laws shall ap-
ply thereto; yet if the sum of the two judgments shall equal
such jurisdiction they may then be included in an execution
issued from that 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 shall suspend, until the ex-
piration thereof, the plaintiff's right to enter judgment un-
der this section.

189B. The plaintiff shall not be entitled to judgment
under the preceding section, unless at the time of bringing
his action he shall file with his declaration an affidavit, or
affirmation 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 by which the defendant is so in-
debted; or if the action be founded upon a verbal or im-
plied contract, he 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 may
be by any one of them, or if all the plaintiffs be absent
from or nonresidents of the State at the time of the bring-
ing of said suit, or if the plaintiff be a corporation, the
said affidavit or affirmation may be made by any agent of
plaintiff or plaintiffs, or any of them, who will make fur-
ther oath or affirmation that he has personal knowledge
of the matters therein stated, and that he is the duly au-
thorized agent of the plaintiff for the purpose of making
the affidavit or affirmation; and the said affirmation or af-
fidavit may be made before the Clerk of any Court of Rec-
ord in this State, any Justice of the Peace of this State or

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1935
Volume 579, Page 382   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  November 18, 2025
Maryland State Archives