|
|
|
|
|
T. WATKINS LIGON, ESQUIRE, GOVERNOR.
|
141
|
|
|
ney, as the case may be, be in the same position as
to pleadings and other proceedings in the action, as
if he, she, or they had appeared in time: provided al-
ways, that a defendant, appearing after the return
day in the writ, shall not be entitled to any further
time for pleading or any other proceeding, than if he
had appeared within the appointed time.
|
|
|
|
11. The mode of appearance to every writ of
summons, shall be by delivering a memorandum in
writing according to the following form, or to the
like effect :
"A plaintiff against C. B., } The defendant C. B.
or }appears in person
against C. B. and another, } or
or } S. T., attorney for C.
against C. B., and others.} B., appears for him.
(Signed) ————".
Such memorandum to be delivered to the clerk of
the court, and to be dated on the day of the delivery
thereof, and signed by the defendant or defendants,
or his, her, its or their Attorney.
|
Form.
|
|
|
12. In any case where the defendant has been
summoned, and does not appear by the return, day of
the writ, the plaintiff may proceed as if he, she, or
it had appeared.
|
May proceed.
|
|
|
13. The action of replevin shall be brought for
the specific recovery of personal property, and for
damages for the detention of the same; and in case
of the property being eloigned, for damages only,
and costs.
|
Action of re-
plevin.
|
|
|
14. The writ of replevin shall specify the particu-
lar goods and chattels to be replevied, and shall con-
tain the name or names of the plaintiff or plaintiffs,
and of the defendant or defendants; and shall con-
tain a summons for the defendant or defendants to
appear before the court, and shall state the time and
the place for such appearance; and shall bear date on
the day on which it shall be issued; and shall be
tested in the name of the judge of the court from
which it shall issue; and shall be signed, and sealed
with the seal of the court, by the clerk thereof.
|
Shall specify.
|
|
|
16. The writ of replevin shall be in the following
form :
" ———— County (or city) to wit :
State of Maryland to the sheriff (or other proper
officer) of ———— greeting :
You are hereby commanded to replevy and deliver
|
Form.
|
|
|
|
|
|
|
|