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Session Laws, 1941
Volume 582, Page 283   View pdf image (33K)
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defendant shall file a plea which if in bar is accompanied
by an affidavit of defense denying the right of plaintiff as to
the whole or some specified part of his claim specially stat-
ing also, in precise and distinct terms, the ground of his
defense, which must be such, as would, if true, be sufficient
to defeat the plaintiff's claim in whole or in part; and
where the defendant shall have acknowledged in his affi-
davit of defense his liability for a part of the plaintiff's
claim as aforesaid, the plaintiff, if he so elect may have
judgment entered in his favor for the amount so confessed
to be due, such judgment to be a bar to any further amount
not so confessed. Any Judge of the Circuit Court is hereby
authorized, either in vacation or term time to enter judg-
ment under this section where no affidavit of defense is filed
and to hear motion for judgment and to enter judgment
thereon where insufficient affidavits are. filed; provided,
however, that should any defendant file a demurrer to any
declaration filed under this Act, said demurrer must be in
accordance with Section 9 of Article 75 of the Code of
Public General Laws of Maryland and within twenty days
after service of process under this Act, and the affidavit
of defense required hereunder need not be filed until after
the hearing on demurrer, and if such demurrer is over-
ruled, said affidavit of defense shall be filed not more than
twenty days after the order of Court overruling such

Notice shall be given at the bottom of the declaration
and in the summons in such cases where the plaintiff in-
tends to claim the benefits of this section.

SEC. 2. And be it further enacted, That this Act shall
take effect June 1, 1941.

Approved April 23, 1941.

(Senate Bill 219)

AN ACT to authorize Robert F. Duer of Somerset County,
Maryland, surviving Trustee of Washington Academy,
to execute a deed of conveyance to the Board of Educa-
tion of Somerset County for certain real estate in said
Somerset County, title to which stands in the name of
The Trustees of Washington Academy.


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Session Laws, 1941
Volume 582, Page 283   View pdf image (33K)   << PREVIOUS  NEXT >>

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