1644 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

Spooner, 9 Md. 462. And see Williams v. Banks, 19 Md. 23. Cf. Stockett v.
Sasscer, 8 Md. 374; Mltchell v. Sellman, 5 Md. 376; Newcomer v. Keedy, 9
Gill, 263; Nelson v. Bond, 1 Gill, 218.

The plea of limitations only enures to the benefit of the 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 plaintiffs
claim by payment.

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

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 sections 12 and 13.

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. 27.

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
proceedings 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.

A plea in trover held to be in conformity with this sub-section. Miller v.
Grove. 18 Md. 245.