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, 1941
Volume 582, Page 1231   View pdf image (33K)
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

HERBERT R. O'CONOR, GOVERNOR. 1231

(4) The term "court", as used in this Article, shall include
any court of competent jurisdiction of this State, whether or
not a court of record.

3. (1) The provisions of this Article shall apply to pro-
ceedings commenced in any court and shall be enforced
through the usual forms of procedure obtaining in such court
or under such regulations as may be by them prescribed.

(2) When under this Article any application is required
to be made to a court in which no proceeding has already
been commenced with respect to the matter, such application
may be made to any court.

4. (1) Whenever pursuant to any of the provisions of
this Article the enforcement of any obligation or liability, the
prosecution of any suit or proceeding, the entry or enforce-
ment of any order, writ, judgment, or decree, or the perform-
ance of any other act, may be stayed, postponed, or suspended3
such stay, postponement, or suspension may, in the discretion
of the court, likewise be granted to sureties, guarantors, en-
dorsers, and others subject to the obligation or liability, the
performance or enforcement of which is stayed, postponed, or
suspended.

(2) When a judgment or decree is vacated or set aside in
whole or in part, as provided in this Article, the same may, in
the discretion of the court, likewise be set aside and vacated
as to any surety, guarantor, endorser, or other person liable
upon the contract or liability for the enforcement of which
the judgment or decree was entered.

GENERAL RELIEF

5. (1) In any action or proceeding commenced in any
court, if there shall be a default of any appearance by the
defendant, the plaintiff, before entering judgment shall file
in the court an affidavit setting forth facts showing that the
defendant is not in military service. If unable to file such
affidavit plaintiff shall in lieu thereof file an affidavit setting
forth either that the defendant is in the military service or
that plaintiff is not able to determine whether or not defend-
ant is in such service. If an affidavit is not filed showing that
the defendant is not in the military service, no judgment shall
be entered without first securing an order of court directing
such entry, and no such order shall be made if the defendant
is in such service until after the court shall have appointed an
attorney to represent defendant and protect his interest, and
the court shall on application make such appointment. Unless
it appears that the defendant is not in such service the court
may require, as a condition before judgment is entered, that

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1941
Volume 582, Page 1231   View pdf image (33K)   << 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  October 10, 2023
Maryland State Archives