Hyson v. General Fireproofing Supply Co.

Citations

• 117 Md. 230

Syllabus

<p>Practice Act of Baltimore Gity: affidavit of defendant; dilatory pleas; default. Extension of time for filing pleas.</p> <p>Speedy Judgment Acts ought not to receive such a construction as to furnish a defendant the means of preventing a speedy judgment against him, without having any meritorious defense, excepting in so far as such construction is necessary for his protection, or in so far as it be required by the language used. p. 234</p> <p>There is no necessary inconsistency between a dilatory plea and the affidavits required by such acts. p. 234</p> <p>The affidavit required of the defendant by the Practice Act of Baltimore City is no part of the pleading. p. 234</p> <p>And the reference to the merits, required by the act to be stated in the affidavit, does not have the effect of waiving a dilatory plea. p. 234</p> <p>The Practice Act of Baltimore (sec. 381 of the Baltimore City Code of 1906) does not abolish dilatory pleas in action's brought under it, but dilatory pleas can not suppress or abolish the act. . p. 234</p> <p>If a defendant, for any reason, can not make the required affidavit until his pleas in abatement are disposed of, or if justice demands that be be not required to file the affidavit until after that time, the court may, under the provisions of the act, extend the time for filing such pleas and affidavit. p. 236</p> <p>A defendant who merely files dilatory pleas in a suit brought under the Baltimore Practice Act is in default if he does not file such an affidavit as the act requires. p. 236</p> <p>The defendant in a suit filed dilatory pleas, merely raising the question of the accuracy of the name under which he was sued; he also filed an affidavit stating that the pleas were true in substance, etc., and that he believed he would be able to produce sufficient evidence to support said pleas, and that he was advised by counsel to file the said pleas under oath. There was also a certificate of counsel that he had advised the defendant to make