Within the limits of jurisdiction defined in this Part
2, the Court shall have power to render any judgment that is consistent with the case made by the pleadings and embraced within the issues.
Judgment that the action be dismissed on the
merits with costs may be rendered in the following cases:
A. Where, at the close of the whole case, the Court is
of the opinion that the plaintiff is not entitled to recover as a
matter of law.
B. Where the Court sustains a motion for judgment on
the pleadings and no leave to plead over is granted.
Where the amount found due to either party exceeds
the sum for which the Court is authorized to enter judgment, such
party may remit the excess and judgment may be entered for the residue.
When a judgment is rendered in a case where the defendant is subject to arrest and imprisonment thereon, it must be so stated in the judgment and entered in the docket. The Clerk of the Court must, in any transcript issued by him, as prescribed in this Part
2, insert the words "defendant liable to execution against his person" and a like note must also be made in the docket of a judgment by a County Clerk, where such a transcript is filed with such Clerk.
On the trial of an issue of fact, before the
Court and a jury, the Court may, in a proper case, direct that the
jury render a verdict as follows:
A. In favor of the plaintiff or petitioner.
B. In favor of the defendant, respondent, tenant, undertenant,
assignee, receiver, squatter or person holding over.
C. Where the damages are liquidated, in favor of the
plaintiff, for a specified sum.
D. Where the defendant has interposed a counterclaim,
and the damages are liquidated, in favor of the defendant, for a specified
sum.
E. Where the plaintiff has proved his case, but the damages
are uncertain, that the jury render a verdict in favor of the plaintiff
and determine the amount.
F. Where the defendant has interposed a counterclaim
and proved his case, and the damages are uncertain, that the jury
find a verdict in favor of the defendant and determine the amount.
Where a default or dismissal is taken in an
action or summary proceeding, the Court may at any time within six
(6) months from the entry of such judgment or order by default, upon
motion made and on such notice to the opposite party as the Court
may direct, open such default or dismissal and set aside, vacate or
modify any judgment or final order entered in any such action or proceeding,
and set the action or proceeding down for pleading, hearing or trial,
as the case may require, upon such terms as the Court may deem proper.
Where a default or dismissal is taken in an action or summary proceeding
in which personal service of the summons or process has not been made,
the Court may at any time upon motion made upon such notice as the
Court may direct open such default or dismissal and set aside, vacate
or modify any judgment or final order entered in any such action or
proceeding, and set the action or proceeding down for pleading, hearing
or trial, as the case may require, upon such terms and conditions
as the Court may deem proper.
A motion to set aside the verdict of a jury
and vacate, amend or modify a judgment or final order rendered thereon,
or to vacate, amend or modify any judgment or final order rendered
upon a trial, by the Court, without a jury, may be made upon the exceptions
taken at the trial, or because the verdict is for excessive or insufficient
damages, or otherwise contrary to the evidence, or contrary to law,
provided that said motion is made at the close of the trial or within
five (5) days from the time the judgment was rendered and in the latter
case at least two (2) days' notice of said motion is given, to the
opposing attorney, or party if there be no attorney of record. The
Justice who presided at the trial may make an order setting aside
the verdict or amending, modifying or vacating the judgment or final
order and awarding a new trial, and setting the cause down for trial
for a time to be specified in the order as the case may require.
The Court may also in a proper case grant or
deny a motion for a new trial on the ground of fraud or newly discovered
evidence, and from the order of the Court an appeal shall lie as from
a judgment in said Court.
The Court may award such costs, not exceeding
ten dollars ($10.), for opening any default, or vacating, amending,
modifying or setting aside any judgment or final order against any
party to the action of proceeding as in its discretion shall be just
and proper. It may as a condition for opening any default, or vacating,
amending, modifying or setting aside any judgment, or final order,
order any defendant or respondent in default to deposit the amount
of the judgment or final order with the Clerk of the Court or to give
an undertaking to the effect that such defendant or respondent will
not sell, assign or transfer any of his property with intent to hinder,
delay or defraud the plaintiff or petitioner in the collection of
his claim or demand, if the plaintiff or petitioner shall prevail
on the trial of such action or proceeding, and that such defendant
or respondent or his sureties will pay the amount of any judgment
or final order recovered against such defendant or respondent in such
action.
The Court shall have power to stay further proceedings in any action or proceeding, until the costs awarded to either party upon any motion made in such action or proceeding are fully paid to the party entitled thereto. And in an action in which judgment of nonsuit is rendered as provided in §
30-216 of this article, the Court may stay the prosecution of a new action or proceeding until the costs awarded are fully paid to the party entitled thereto.