ART. 75] FORMS OF PLEADINGS. 1637

Forms of Pleadings.

1904, art. 75, sec. 24. 1888, art. 75, sec. 23. 1860, art. 75, sec. 22. 1856. ch. 112,
secs. 58-137. 1888, ch. 547.

24. The forms of pleadings which follow shall be sufficient and the
like forms may be used with such modifications as may be necessary
to meet the facts of the case, but nothing herein contained shall render
it erroneous or irregular to depart from said forms so long as substance
is expressed.

This section and sections 2 and 3 make a plain statement of facts sufficient
throughout the entire series of pleading. The forms prescribed by this sec-
tion or any others of like character may be used, substance being considered.
Gott v. State, 44 Md. 336.

While the act of 1852, ch. 112, simplified the forms of pleading and
practice, it did not abolish the distinctive nature of actions. Smith v. State,
66 Md. 218; Lee v. Rutledge, 51 Md. 317; Canton Bldg. Assn. v. Weber, 34
Md. 670; Hamilton v. Conine, 28 Md. 646; Stirling v. Garrltee, 18 Md. 474.

A declaration in trover or detinue held defective in its conclusion. Stir-
ling v. Garritee, 18 Md. 474.

Cited but not construed in Union Bank v. Tillard, 26 Md. 451.

Commencement of Declarations.

A. B., by S. T., his attorney (or in person, as the case may be), sues
C. D. for (here state the cause of action).

Conclusions of Declarations.

"And the plaintiff claims therefor" $——— (or if the action is detinue,
brought to recover specific goods), "the plaintiff claims a return of the
said goods, or their value, and $——— for their detention;" (or if the
action is replevin), "the plaintiff claims the return of the said goods"
(when they have not been replevied and delivered), "and $——— for
their detention;" (or in cases where they have been delivered), "the
plaintiff claims said goods and $——— for their detention."

Statement of Causes of Action on Contracts.

The following statements of causes of actions for the common counts
shall be sufficient, and the plaintiff may include two or more of them
in one count, but after the statement of the first cause of action, each
subsequent statement should begin with the words "and for:"

1. ———— county, ss: A. B., by S. T., his attorney, sues C. D. for
money payable by the defendant to the plaintiff for goods sold and
delivered by the plaintiff to the defendant, and the plaintiff claims
therefor the sum of $———

S. T., Plaintiff's Attorney.

2. Money payable by the defendant to the plaintiff for goods bar-
gained and sold by the plaintiff to the defendant. (These words,
"money payable, etc.," should precede money counts like the 1st to the
13th, inclusive, but need only be inserted in the 1st.)

The omission of the words "for money payable by the defendant to the
plaintiff," is fatal on demurrer. Merryman v. Rider. 34 Md. 99; Penniman