Murray v. Revell

HARLAN, J.—

This suit was brought under the Practice Act for Baltimore City.

Judgment was entered by default, because the pleas were not certified by affidavit, and the defendant has moved to have this judgment stricken out. Of the various reasons assigned in support of the motion, the first is that the judgment was improperly rendered.

The proceeding being a special statutory one, if the plaintiff has failed to strictly comply with the provisions of the Act, he was not entitled to have the judgment entered, and the motion to strike out should prevail.

DeAtly vs. Senior, 55 Md. 482.

Section 313 of…