2808 ARTICLE 75

Plea "that the judgment in this action was recovered more than twelve years before
the issuing of the sci. fa. thereon in this action" is sufficient. While a plea of limitations
is received with strictness, it need not be in words of statute. Brooks v. Preston,
106 Md. 703. And see Wallace v. Schaub, 81 Md. 597; State v. Green, 4 G. & J. 381.
Cf. Beans v. Hamilton, 3 Gill, 275.

The plea of limitations cannot be amended. (See sec. 47.) Griffin v. Moore, 143
Md. 246; Kunkel v. Spooner, 9 Md. 462; State v. Green, 4 G. & J. 381; Wall v. Wall,

2 H. & G. 79.

A plea of limitations will be stricken out if not filed within time fixed by rule of
court. Washington, etc., Co. v. State, 19 Md. 241; Kunkel v. Spooner, 9 Md. 462.
And see Williams v. Banks, 19 Md. 23. Cf. Stockett v. Sasscer, 8 Md. 374; Mitchell v.
Sellman, 5 Md. 376; Newcomer v: Keedy, 9 Gill, 263; Nelson v. Bond, 1 Gill, 218.

Plea of limitations only enures to benefit of party who pleads it. Young's Estate,

3 Md. Ch. 462; Dixon v. Dixon, 1 Md. Ch. 271.
As to limitations, see art. 57.

(51) That before this action he satisfied and discharged the plaintiff's
claim by payment.

Where payment is pleaded, evidence is admissible to show part payment. When
a plea of payment of portions of plaintiff's claim is permissible, and when plea of
payment can only be set up to whole claim. Rohr v. Anderson, 51 Md. 215; Hardey v.
Coe, 5 Gill. 189.

Cited in Lynch v. Rogers, Daily Record, Jan. 27, 1940.

(52) That the plaintiff is indebted to the defendant in an amount equal
to (or greater than) the plaintiff's claim, for (insert the cause of set-off
as in a declaration) which amount the defendant is willing to set-off
against the plaintiff's claim.
As to set-off, see secs. 16 and 17.

(53) That after the alleged claims accrued, and before suit, plaintiff,
by deed, released the defendant therefrom.

(54) That at the circuit court for ———— county, ———— term, the
plaintiff recovered judgment against the defendant for the sum of ————
dollars and ————— cents, and ————— dollars for costs; and that said
judgment was rendered on the same cause of action mentioned in the
plaintiff's declaration, and is still a subsisting judgment.

A plea of "res adjudicata," held defective; requisites of such plea; the defense may
be set up under the general issue. Brooke v. Gregg, 89 Md. 237.

(55) That he was discharged as an insolvent debtor by the circuit court
for ————— county (or court of common pleas), on the ————— day of

————, and that the alleged claim accrued before the filing of his petition.
See art. 47, sec. 29.

(56) That he applied by petition as an insolvent debtor to the circuit
court for ———— county (or court of common pleas), on the ———— day of

————, and the proceedings under the petition are still pending; and
that the alleged claim accrued before the filing of his petition.

(57) A defendant may plead, as in the above form, that he has applied,
by petition as an insolvent debtor, to the proper court, and that the pro-
ceedings under his petition are still pending, and that the alleged claim
accrued before the filing of his petition. And upon proof of the facts so
pleaded, judgment shall only be entered subject to the result of the pro-
ceedings under the petition.

Forms of Pleas in Actions for Wrongs.

(58) That he did not commit the wrong alleged.

The above plea in an action of libel is a direct traverse—what it puts in issue, and
what may be proven under it. Hagan v. Hendry, 18 Md. 177.
Plea in trover held in conformity with this sub-section. Miller v. Grove, 18 Md. 245,

(59) That he did what is complained of by the defendant's leave.