direct the clerk to transcribe the same into new record books which the clerk shall procure for that purpose; and such new records, when so transcribed, shall be carefully examined and certified by said clerk, and when so examined and certified shall be substituted for and become the records of said court in lieu of the worn out records; and the mayor and city council of the city of Baltimore, and the county commissioners of the several counties, respectively, shall levy such sum of money as they shall deem a fair compensation for the labor of the clerk in making such new records. This section not to apply to Montgomery county, as to which a special law exists. Peter v. Prettyman, 62 Md. 573. Judgments. 1888, art. 26, sec. 14. 1860, art. 29, sec. 14. 1763, ch. 23, sec. 2. 14. The court shall give judgment in all actions according as the very right of the cause and matter in law shall appear to them, without regarding any matters of mere form, so as sufficient matter shall appear in the proceedings, upon which the court shall proceed to give judgment, and it shall appear that the action has been commenced after the cause thereof did accrue. Shafer v. Stonebraker, 4 G. & J. 345. State v. Mayhugh, 13 Md. 378. Gott v. State, 44 Md. 319. Ibid. sec. 15. 1888, ch. 317. 15. Upon all agreed statements of facts, all special cases stated, and all special verdicts, the court shall be at liberty to draw all inferences of facts or law that court or jury could have drawn from the facts so agreed or stated as if the same had been offered in evidence upon a trial before the court or before the court and a jury. Ibid. sec. 16. 1809, ch. 153, sec. 4. 1811, ch. 161, sec. 5. 16. All judgments by confession, on verdict, or by default, shall be so entered as to carry interest from the time they are rendered. Preston's Adm'x v. West, 4 H. & McH. 70. Gwinn v. Whitaker, 1 H. & J. 754. Boehme v. Aisquith, 4 H. & J. 207. Anders v. Devries, 26 Md. 222. Rayner v. Bryson, 29 Md. 473. Balto. City P. R. W. Co. v. Sewell, 37 Md. 443. Ibid. sec. 17. 1888, ch. 366. 17. Wherever, by reason of the verdict of a jury being below the jurisdiction of the court in which the same is rendered, a judgment of non pros. is entered, the record of such judgment shall be a bar to any action founded upon the same cause of action in that or any court, the limit of whose jurisdiction shall be greater than the amount of such verdict; but the amount of such verdict, less such costs as may be adjudged against the plaintiff, shall be a debt from the defendant to the plaintiff, recoverable in any court that may have jurisdiction to that amount, or before a justice of the peace, as the case may be; and a short copy of the verdict and judgment, with the legally taxed bill of costs shall be conclusive evidence of the balance so recoverable. Williams v. Fredlock Mfg. Co., 94 Md. 111. 1888, art. 26, sec. 18. 1864, ch. 311. 18. All judgments confessed on terms to be filed, and all judgments confessed without fixing the amount of the same, and where no cause of action is filed by which said amount may be ascertained, shall be considered interlocutory judgments, and the court shall on motion of the plaintiff or his attorney at any term subsequent to the entry of any such confession or judgment, order an inquisition or cause the judgment to be extended as in other cases of interlocutory judgments, or as upon a judgment by default. Stansbury v. Keady, 29 Md. 367. Ibid. sec. 19. 1861, ch. 70. 1890, ch. 314. 19. Every judgment rendered by any of the courts of law of this State shall be and constitute a lien to the amount and from the date thereof upon all leasehold interest and terms for years of the defendants in land, except leases from year to year and leases for terms of not more than five years and not renewable, to the same extent and effect as liens are created by judgment upon real estate, and a certified copy of the docket entries from the clerk of the court where any judgment is obtained, or judgment of any justice of the peace originally recorded, when recorded upon the judgment record of any other court in the counties of this State or the city of Baltimore, shall be and constitute a lien, from the date of its being so recorded, upon the property of the defendant in said county or city of Baltimore, to the same extent as in the county or city where the said judgment was originally obtained or justice's judgment originally recorded. Miller v. Allison, 8 G. & J. 35. Davidson v. Myers, 24 Md. 538. Stockett v. Howard, 34 Md. 121, Ahern v. White, 39 Md. 409. Hartsock v. Russell, 52 Md. 619. Bish v. Williar's Ex'rs, 59 Md. 382. Deakins v. Rex, 60 Md. 596. Shryock v. Morris, 75 Md. 79. Wright v. Ryland, 92 Md. 661. 1888, art. 26, sec. 20. 1843, ch. 40. 1860, art. 29, sec. 16. 1785, ch. 80. 1823, ch. 194. 20. On all judgments or decrees in any court of law or equity, and on all judgments of justices of the peace recorded in the clerk's office of any court of law, an execution or attachment may issue out of such court or by the clerk thereof, at any time within twelve years from the date of the judgment or decree, or the said judgment or decree may be otherwise proceeded with within twelve years from its date; and in case of the death of any plaintiff in any such judgment, the executor, administrator or other person entitled to the judgment or decree shall, on application to the clerk of the court having control of the docket whereon such judgment or decree is entered or recorded, be made a party to the same by suggesting the death of the plaintiff in writing, and causing his name to be inserted in the place of said plaintiff or his legal representatives, and have execution or attachment as the plaintiff might have had if no such death had taken place; and in the case of the marriage of a female plaintiff in any such judgment or decree, she may suggest in writing her said marriage, and have execution or attachment thereon, in her new name acquired by such marriage; and in case of the death or marriage of any of the defendants in any judgment or decree herein mentioned, the plaintiff in any such judgment or decree shall, at any time within twelve years from the date of the judgment or decree, upon a suggestion supported by affidavit of the death or marriage of any of said defendants, be entitled to have an execution or attachment issued against the defendant still alive, and such execution or attachment may be laid on any goods, chattels, lands and tenements of any of said. remaining defendants; provided, that at any time before the expiration of twelve years from the date of any such judgment or decree, or in case of the death or marriage of any defendant in the judgment, the plaintiff shall have the right to have a writ of scire facias to renew or revive the same, and on judgments of justices of the peace duly recorded in the clerk's office, such writ of scire facias may be issued out of the superior court of Baltimore city, or the circuit court for the county, as the case may be, as if said judgment had been originally rendered by said court, and on all such judgments or decrees the plaintiff may have more than one attachment or execution to be laid in the hands of different persons, or levied on other property or effects than that taken under the first, though the first be still outstanding; provided, that but one satisfaction of the debt or demand shall be made, and that it shall be in the discretion of the court in all such cases, whether any costs, and if any, what amount of costs shall be allowed on the subsequent attachments or other executions; the provisions of this section shall apply also to attachments or executions directed to a county different from that where the judgment or decree was rendered, or to or from the city of Baltimore. Mc Arnott v. Nicholls, 1 H. & J. 471. Salmon v. Yates, 1 H. & J. 488. Elderry v. Smith's Lessee, 2 H. & J. 72. Barney r. Patterson, 6 H. & J. 194. Hanson v. Barnes' Lessee, 3 G. & J. 359. Mullikin v. Duvall, 7 G. & J. 355. Townshend, Ex'x v. Townshend, 10 G. & J. 373. Nesbit v. Manro, 11 G. & J. 261. Murphy v. Cord, 12 G. & J. 182. Miles v. Knott, 12 G. & J. 443. Jones v. Jones, 1 BI. 443. Tessier v. Wyse, 3 Bl. 28. Boyd v. Harris, 1 Md. Ch. 466. Hodges v. Sevier, 4 Md. Ch. 382. Doub v. Barnes, 4 Gill, 1. Warfield v. Brewer, 4 Gill. 265. Cushwa v. Cushwa, 5 Md. 55. Kemp v. Cook, 6 Md. 305. Trail v. Snouffer, 6 Md. 308. Moore v. Garrettson, 6 Md. 444. Elliott's Lessee v. Knott, 14 Me. 121. Huston v. Ditto, 20 Md. 305. Hazlehurst v. Morris, 28 Md. 67. Hardesty v. Campbell, 29 Md. 533. Mitchell v. Chesnut, 31 Md. 521. Goldsborough v. Green, 32 Md. 91. Krebs, 34 Md. 93. Hagerstown Bank v. Thomas, 35 Md. 515. Graff, 41 Md. 601. Manton v. Hoyt, 43 Md. 264. Weikel v. Cate, 58 Md. 110. Lambson v. Moffet, 61 Md. 429. Wright v. Ryland, 92 Md. 661. Kirkland v. Anderson v. 1888, art. 26, sec. 21. 1860, art. 29, sec. 18. 1839, ch. 14. 21. A judgment rendered against one or more members of a partnership, or one or more persons jointly liable on any bill, bond, covenant, promissory note, bill of exchange, contract or agreement whatsoever, less than the whole number of partners or persons so bound shall not work an extinguishment or merger of the cause of action on which such judgment may have been rendered, as respects the liability of the partners or persons not bound by such judgment, and they shall remain liable to be sued as if their original responsibility had been joint and several; provided, that but one satisfaction of the debt or demand shall be made. Williams v. Hodgson, 2 H. & J. 474. Moale v. Hollins, 11 G. & J. 11. Davidson v. Kelly, 1 Md. 500. Thomas v. Mohler, 25 Md. 36. Gott v. State, 44 Md. 319. Cruzen v. McKaig, 57 Md. 461. Ibid. sec. 22. 1888, ch. 474. 22. Every order of court, whether in an action, cause or matter, may be enforced in the same manner and by the same writs as a judgment or decree to the same effect. 1888, art. 26, sec. 23. 1860, art. 29, sec. 19. 1829, ch. 166, sec. 1. 1830, ch. 80. 1834, ch. 126. 1864, ch. 49. 23. Upon all judgments rendered at the second term after the defendant has been summoned, the defendant shall be entitled to a stay of execution until the first Thursday of the ensuing term, with the privilege of superseding the same in the manner allowed by law at any time within two months after the expiration of said stay and with the power of prosecuting an appeal or suing forth a writ of error, as authorized by law; this section not to apply to judgments recovered in the courts of Baltimore city. 24. Any party to an action or suit at law or in equity, may, at any stage thereof, apply to the court for such order or judgment as he may, upon any admissions of fact in the pleadings or other written admissions in the case, be entitled to without waiting for the determination of any other question between the parties. Such application may be made by motion or petition so soon as the right of the party applying to the relief claimed has appeared from the pleadings or other written admissions in such action or suit, and the court may, upon such application, give such relief, subject to such terms, if any, as such court may think fit, and such order or judgment shall, with the proceedings relating thereto, form part of the record and be reviewable on appeal from the final judgment or decree in such action or suit. 1888, art. 16, sec. 69. 1888, ch. 260. 25. No court shall refuse to issue a mandamus or injunction on the mere ground that the party asking for the same has an adequate remedy in damages, unless the party against whom the same is asked shall show to the court's satisfaction that he has property from which the damages can be made, or shall give a bond in a penalty to be fixed by the court, and with a surety or sureties approved by the court, to answer all damages and costs that he may be adjudged by any court of competent jurisdiction to pay to the party asking such mandamus or injunction by reason of his not doing the act or acts sought to be commanded, or by reason of his doing the act or acts sought to be enjoined, as the case may be. Frederick Co. Bank v. Shafer, 87 Md. 58. Conner v. Groh, 90 Md. 684. |