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Session Laws, 1961
Volume 654, Page 912   View pdf image (33K)
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912                              Laws of Maryland                       [Ch. 603

Sec. 3. And be it further enacted, That this Act shall take effect
June 1, 1961.

Approved April 24, 1961.

CHAPTER 603
(House Bill 267)

AN ACT to repeal and re-enact, with amendments, Section 75 of
Article 75 of the Annotated Code of Maryland (1957 Edition),
title "Pleadings, Practice and Process at Law", sub-title "Process",
to permit the plaintiff in any action ex delicto based upon negli-
gence to sue in the county where the cause of action arose.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 75 of Article 75 of the Annotated Code of Maryland
(1957 Edition), title "Pleadings, Practice and Process at Law", sub-
title "Process", be and it is hereby repealed and re-enacted, with
amendments, to read as follows:

75.

No person shall be sued out of the county in which he resides
until the sheriff or coroner of the county in which he resides shall
have returned a non est on a summons issued in such county; pro-
vided, that nothing herein contained shall apply to any person who
shall abscond from justice in the county where he lives, but such
person may be sued in any county where he may be found; and
provided further, that any person who resides in one county but
carries on any regular business, or habitually engages in any avoca-
tion or employment in another county, may be sued in either county,
whether before a justice of the peace or in a court of law or equity;
this section not to apply to ejectment, dower, replevin, scire facias
on judgment or decree, nor to heirs, devisees or terre-tenants,
against whom process may be issued to another county.

In any action ex delicto in which all the defendants are not resi-
dents of, nor carrying on regular business in, or habitually engaged
in any avocation or employment in one county, the plaintiff may,
at his election, sue all said defendants in the county where the cause
of action arose or sue all of the said defendants in the county where
any one of the defendants reside. As used in this section the term
"county" includes "Baltimore City."

In any action ex delicto based upon negligence or alleged negli-
gence, the plaintiff at his electiton
ELECTION may sue the defendant
or defendants in the county where the cause of action arose.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1961.

Approved April 24, 1961.

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, 1961
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