Final Report Of The Commissioners Appointed By The Legislature Of Maryland To Revise Simplify And Abridge The Rules Of Practice Pleadings Forms Of

Author : Maryland. Commissioners To Revise
Publisher : Rarebooksclub.com
ISBN 13 : 9781230057743
Total Pages : 48 pages
Book Rating : 4.0/5 (577 download)

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Download or read book Final Report of the Commissioners Appointed by the Legislature of Maryland, to Revise, Simplify and Abridge the Rules of Practice, Pleadings, Forms Of written by Maryland. Commissioners To Revise and published by Rarebooksclub.com. This book was released on 2013-09 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1855 edition. Excerpt: ...the Court in which such judgment was rendered or proceeding ha'd, for fraud, mistake, deceit, collusion, surprise or irregularity, in obtaining or procuring the same, --provided the application to set the same aside, be made within three years from the date thereof. The act of 1787, ch. 9, sec. 6, provides that' where a judgment shall be set aside for fraud, deceit, surprise or irregularity in obtaining the same, the Court may direct the continuances to be entered from the term when the judgment was rendered to that at which it shall be set aside. The act supposes the rule of practice to be well settled, that a judgment will be set aside for the causes recited, and merely declares that whenever it is so set aside, the continuances shall be entered on the record. The act assumes, moreover, that the lapse of several terms before the ap plicatiop to set the judgment aside, is no reason why the Court should not interfere. But the act does not in positive terms promulgate any rule of practice on the subject. What the law is, is not declared, and the same has remained in doubt from that day to the present. There is doubt about the cases in which the Court ought to interfere--there is doubt about the time within which the application should be made---there is doubt in reference to the whole subject: and for these reasons, there is scarcely a case in the books in which a Court, after the term' at which the judgment was rendered had passed, has ever set it aside. The act of 1798, ch. 101, sub ch. 5, sec. 4, in one of its provisions, assumes by implication that a Court of Law may set aside Q a judgment of its own, upon a suggestion of fraud, either upon an examination in a summary way, or by directing an issue to try the' same. But...