[Download] "Rios v. Montgomery County" by Reported In the Court of Appeals of Maryland # Book PDF Kindle ePub Free
eBook details
- Title: Rios v. Montgomery County
- Author : Reported In the Court of Appeals of Maryland
- Release Date : January 07, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
On January 28, 1967, defendant was served in hand in a civil action, Docket Number 1452, brought against him by the plaintiff for a sum certain. On March 1, 1967, no answer having been made by the defendant, plaintiff filed an affidavit and request for default and default judgment, and on March 3, 1967, it was ordered and adjudged that the plaintiff recover from the defendant damages in the amount alleged in plaintiffs complaint. On March 7, 1967, defendant filed an answer to plaintiffs complaint and a counterclaim together with a motion for late entry alleging excusable neglect on the part of the defendants attorney as explanation of his failure to make timely answer. The notice of the motion for late entry served upon the plaintiffs attorney recited that it would be brought for hearing "on the 4th day of April, A.D. 1967, at 9 oclock in the forenoon of that day or as soon thereafter as counsel can be heard." Plaintiffs counsel was present for hearing at 9 oclock and when the defendant did not appear in person or by counsel on the afternoon of that day the presiding justice denied the motion. No appeal was taken by the defendant. On April 7, 1967, execution issued on the plaintiffs judgment.