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Session Laws, 1811
Volume 614, Page 152   View pdf image (33K)
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152

LAWS OF MARYLAND.

1812.

the return day of such attachment or capias, or dur-
ing the term of the court to which the same is or shall
be returnable, again to arrest such person in virtue of
the same attachment or capias, for the purpose of
producing such person before the court, judge or jus-
tice before whom such capias or attachment shall
be returnable; and such second arrest shall be as
available and justifiable in law as the original or first
arrest, and the officer making such second arrest,
shall have the same power and right to detain or hold
to bail the person so arrested, as he had, or could
have had in virtue of the first service of such capias
or attachment, any thing in any law, usage or custom
to the contrary notwithstanding.

Relative to the
reversal of
judgments in
the court of ap-
peals.

AND BE IT ENACTED, That no judgment in
any case shall be reversed in the court of appeals, be-
cause the verdict was rendered and the judgment en-
tered in the court below for a greater sum than the
amount of damages laid in the declaration; but the
plaintiff below, or his legal representative in the court
of appeals, shall be permitted, on motion in that court,
in every such case to amend the transcript of the re-
cord of proceedings, by entering a release upon the
record, of the damages exceeding those laid in the
declaration, and the court of appeals shall proceed
upon such amended transcript, in the same manner,
and give the same judgment in the case as if the said
release had been entered upon the record before judg-
ment in the court below.

Court of ap-
peals may, in
certain cases,
direct such
judgments to be
entered on de-
ciding appeals
from inferior
cou its as the na-
ture of the case
may require.

AND BE IT ENACTED, That in al! cases where
the court of appeals shall have permitted or directed
any entry to be made, or act to be done on the trial of
any appeal, or during its pendency in virtue of any
act of assembly of this state, which may require an
alteration of the judgment given by the court from
which such appeal was or shall be made; or which, if
made in such inferior court, would have authorised or
required a different judgment to have been given;
the court of appeals may direct such judgment to be
entered on deciding such appeal, as the nature of the
entry or amendment may require; or the court from
which the appeal has been or shall be made would
have rendered, if such entry or amendment had been
made before the rendition of the judgment in such in-
ferior court.

Judgments by
default shall
carry interest.

AND BE IT ENACTED, That all judgments by
default hereafter to be entered, shall carry interest in
the same manner that judgments entered upon a
finding of a jury now do; Provided always, That



 
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Session Laws, 1811
Volume 614, Page 152   View pdf image (33K)   << PREVIOUS  NEXT >>


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