Majority
p. 219Henry Underzagt vs. Joseph L. Carpenter, Jr. (December 13, 1918.) Boyce and Rice, J. J., sitting. Superior Court, for New Castle County, November Term, 1918. Summons Case No. 76, The affidavit of demand filed by plaintiff under Revised Code 1915, § 4169, for judgment at first term, was made before a Justice of the Peace of the State of Maryland. The statute provides that— “Any affidavit authorized under the provisions of this chapter may be taken out of this state before any judge of any court of record," etc.
Headnote
Affidavits Taken Before Justice of State—Default Judgment.Plaintiff’s affidavit, necessary under Rev. Code 1915, § 4169, for default judgment at the first term, in action on note and authorized to be taken out of state before any judge of any court of record, is insufficient when so taken before a justice of the peace, in the absence of a showing that he is a judge of a court of record.
Richard S. Rodney for plaintiff.
David J. Reinhardt for defendant.
Action on a promissory note by Henry Underzagt against Joseph L. Carpenter, Jr. On motion for refusal of judgment notwithstanding affidavit of demand.
Judgment refused.
The affidavit of demand filed in this case was taken before a Justice of the Peace, but it does not appear that the Justice of the Peace is a judge of a court of record. It is the opinion of the court, therefore, that the judgment should be refused.