ART. 75] FORMS OF PLEADING. 1647

and if they fall to do so the defendant may interpose the objection to
evidence (on the ground of a variance), under the general issue. (See, how-
ever, section 38, et aeq.) Smith v. Crichton, 33 Md. 107. And see Kent v.
Holliday, 17 Md. 387.

Forms of affidavit to Pleas in Abatement.

84. ———— county.

M. R. (the defendant in the cause), makes oath and says, that the
plea, hereunto annexed, is true in substance and in fact.*

Sworn before.

A plea in abatement may be struck out on motion, if not sworn to. Gra-
ham v. Fahnestock, 5 Gill, 215; Deheaulme v. Boisneuf, 4 H. & McH. 413.

Form of Declaration when the summons is returned as to some of the

Defendants non est.

85. R. G., by S. T., his attorney (or in person), sues J. T. and M.
B. (but M. B. has been returned non est by the sheriff), for (here state
the cause of action), and the plaintiff claims from J. T. (the person
summoned), $————.

Commencements of Declarations by Persons Suing in Special

Characters.

86. A. B., executor of the last will (or administrator of the goods,
&c.), of O. H., deceased, by S. T., his attorney, (or in person,) sues D.
E. for (here state the cause of action).

87. J. T., who is within age, by S. T., his next friend (or guardian),
sues W. B. for (here state the cause of action).

88. G. H., who was the husband of L. K., deceased, formerly L. B.,
who has survived his said wife, by S. T., his attorney, (or in person,)
sues C. P. for (here state the cause of action).

89. B. H. and F. W., surviving partners of T. K. and I. M. (trading
under the name of B. H., F. W. & Co.), by S. T., their attorney (or
in person), sue T. H., surviving partner of M. S. (trading under the
name of T. H. and M. S.), for (here state the cause of action).

(The words "trading under the name of," etc., may be omitted, unless
the name of the firm be contained in the contract sued on.)

(The conclusion of declarations, by persons suing in special char-
acters, shall be the same with that of declarations by persons suing in
their proper characters.)

Conclusions of Declarations by Executors and Administrators.

90. "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

*The affidavit should also contain the averment in the form prescribed by any
special law. Such as e. g., "that the affiant verily believes that the defendant
will be able to produce sufficient evidence to support the same, and that he is
advised by counsel to file said plea under oath."