clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 507   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

ART. 75.] PLEADINGS, PRACTICE AND PROCESS. 507

3. Any declaration which contains a plain statement of the
facts necessary to constitute a ground of action shall be suffi-
cient, and any plea necessary to form a legal defence shall be
sufficient without reference to mere form; this to apply to repli-
cations, rejoinders and all subsequent pleadings.

4. It shall not be necessary to state any formal commencement
or conclusion to any declaration or other plea.

5. It shall not be necessary to state time or place in any
declaration or plea, except in cases where time or place forms
a part of the cause of action or ground of defence.

6. No special demurrer shall be allowed in any civil case.

7. No general demurrer shall be allowed for a mere informal
statement of a cause of action or defence; Provided, such state-
ment is sufficient in substance.

8. No judgment shall be arrested or set aside for any omission
of mere matter of form, nor because one or more of the counts
in the declaration may be bad, if there be one count sufficient in
substance.

9. Where there is and imperfection, or omission whatever, in
any pleading, which would be a fatal objection on demurrer, yet
if the issue joined be such as necessarily required on the trial
proof of the facts so imperfectly stated or omitted, such imper-
fection or omission shall be cured by the verdict.

10. The plaintiff in any action may plead, in answer to the plea
or any subsequent pleading of the defendant, as many several
matters as he shall think necessary to sustain his action; and
the defendant in any action may plead, in answer to the declara-
tion, or other subsequent pleading of the plaintiff, as many
several matters as he shall think necessary for his defence;
Provided, that the pleading of the party be consistent with his
previous allegation, and not a departure therefrom, and that no
one plea contain distinct matters of defence or reply.

11. No plea of "non est factum" shall be received in any
action, unless the party for whom such plea be tendered verify
the same by affidavit, or unless the defendant being heir, exe-
cutor or administrator of the person alleged to have made the

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 507   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives