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Session Laws, 1941
Volume 582, Page 550   View pdf image (33K)
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550 LAWS OF MARYLAND. [CH. 344

claim in the same manner as defenses are made by an
original defendant to an original pleading. The third-party
defendant may assert any defenses which the third-party
plaintiff has to the plaintiff's claim. The plaintiff shall
amend his pleadings to assert against the third-party de-
fendant any claim which the plaintiff might have asserted
against the third-party defendant had he been joined orig-
inally as a defendant. The third-party defendant is bound
by the adjudication of the third-party plaintiff's liability
to the plaintiff as well as of his own liability to the plaintiff
and to the third-party plaintiff. A third-party defendant
may proceed under this section against any person not a
party to the action who is or may be liable as a joint tort-
feasor to him or to the third-party plaintiff for all or part
of the claim made in the action against the third-party
defendant.

(b) When a counterclaim is asserted against a plaintiff
he may cause a third party to be brought in under circum-
stances which under this section would entitle a defendant
to do so.

(c) A pleader may either (a) state as a cross-claim
against a co-party any claim that the co-party is or may be
liable to the cross-claimant for all or part of a claim as-
serted in the action against the cross-claimant; or (b)
move for judgment for contribution against any other
joint judgment debtor, where in a single action a judg-
ment has been entered against joint tortfeasors one of
whom has discharged the judgment by payment or has paid
more than his pro rata share thereof. If relief can be
obtained as provided in this sub-section no independent
action shall be maintained to enforce the claim for con-
tribution.

(d) The court may render such judgments, one or more
in number, as may be suitable under the provisions of this
sub-title.

28. Uniformity of Interpretation. This sub-title shall
be so interpreted and construed as to effectuate its general
purpose to make uniform the law of those states that
enact it.

29. Short Title. This sub-title may be cited as the Uni-
form Contribution Among Tortfeasors Act.

SEC. 2. And be it further enacted, That if any provi-
sion of this Act or the application thereof to any person
or circumstances is held invalid, such invalidity shall not
affect other provisions or applications of the Act which
can be given effect without the invalid provision or appli-

 

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Session Laws, 1941
Volume 582, Page 550   View pdf image (33K)   << PREVIOUS  NEXT >>


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