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Session Laws, 1957
Volume 640, Page 488   View pdf image (33K)
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488                               Laws of Maryland                        [Ch. 381

Public Local Laws of Baltimore City (1949 Edition) being Article
4 of the Code of Public Local Laws of Maryland as amended by
Chapter 81 of the Acts of 1951, title "Baltimore City", sub-title
"Miscellaneous Local Laws", sub-heading ''People's Court", be and
they are hereby repealed and re-enacted, with amendments, to read
as follows:

449.

(a)  As herein set forth, after the entry of any judgment by con-
fession
in the People's Court [on any confessed judgment note] any
judge thereof may, in conformity with the rules of the Court of
Appeals applicable to re-entry of judgment by confession in nisi prius
courts, strike out said judgment upon such terms and conditions
including a trial on the merits, as the Court may direct. Immediately
upon the entry of any such judgment there shall issue a summons
for the defendant notifying him of the entry of the judgment and
requiring him to appear in the cause wherein it is entered within
thirty days after the service upon him by the summons and show
cause, if any he has, why the judgment should be vacated, opened,
or modified. When returned non est, the summons may be reissued
at the request of the plaintiff. Any application made by the defendant
with respect to the judgment within thirty days from the service
of the summons shall be promptly heard by the Court and such
action taken as the Court may deem just. If the judgment is opened
or set aside, the case shall stand for trial in accordance with the
rules of the Court. If no cause is shown in pursuance of the sum-
mons, the judgment shall be deemed to be final, to the same extent
as a judgment entered after trial but may be set aside or modified
on the ground of fraud or mistake.
Within [thirty] ninety days
after the entry of any order or judgment in the People's Court, other
than those on confessed judgment notes, any Judge may, in his dis-
cretion, strike out such order or judgment upon proof of fraud,
mistake or irregularity. Such action on the part of the Judge shall
be upon such terms and conditions, including a new trial, as he may
prescribe.

(b)   Any judgment or order may be amended or stricken out, on
such terms if any as he may prescribe, by the Judge who has ren-
dered the same, on his motion, at any time within [ten] thirty days
after rendition of such judgment.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1957.

Approved March 28, 1957.

CHAPTER 381
(Senate Bill 88)

AN ACT to repeal Chapter 313 of the Laws of Maryland, 1878, as
amended from time to time, the last said amendment being that

Explanation: Italics indicate new matter added to existing law.

[Brackets] indicate matter stricken from existing law.
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.

 

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Session Laws, 1957
Volume 640, Page 488   View pdf image (33K)
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