1674 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

defense. Sometimes it is almost impossible to properly set up a claim by
plea on equitable grounds so as to do Justice between the parties. Stump v.
Warfield, 104 Md. 552.

Cited but not construed in Crocker v. Hopps. 78 Md. 264.

As to the removal of cases from courts of law to courts of equity, and
vice versa, see sec. 115.

1904. art. 75, sec. 87. 1888, art. 75, sec. 84. 1888, ch. 547.

87. The plaintiff or the defendant in replevin may demur to such
plea for want of equity, or reply thereto facts which avoid such plea
upon equitable grounds; provided, that such replication shall begin
with the words: "For replication on equitable grounds," or words to
the like effect.

See notes to sec. 86.

Ibid. sec. 88. 1888, art. 75, sec. 85. 1888, ch. 547.

88. In case it shall appear to the court that any such equitable plea
or equitable replication cannot be dealt with by a court of law so as to
do justice between the parties, it shall be lawful for such court to
order the same to be struck out on such terms as to costs and otherwise
as to such court may seem reasonable.

Held that if a plea had been technically good, the court would have been
justified in striking it out under this section. Stump v. Warfield, 104 Md.
552.

See notes to sec. 86.

Extending Judgments.

Ibid. sec. 89. 1888, art. 75, sec. 86. 1860. art. 75, sec. 62.
1794, ch. 46. 1864, ch. 175.

89. In all cases in any action on any promissory note, bill, bond or
open account in which an interlocutory judgment or judgment by
default has been or shall hereafter be entered in any of the courts of
this State whereby the right of the plaintiff is established but the
damages sustained by him are not ascertained, the judge of the court
where such judgment is, on motion of the plaintiff or of his attorney
and the production to him of the promissory note, bill of exchange,
bond, record or writing obligatory upon which the suit was brought, or
upon legal and satisfactory proof of the correctness and amount of the
claim where the suit was brought to recover a debt due upon open
account, shall assess the damages and order the judgment to be extended
for the amount so found to be due, and interest on the same till paid,
and costs of suit. In all other cases in which an interlocutory judgment
or judgment by default has been or shall hereafter be entered, the judge
of the court where such judgment is, shall, on motion of the plaintiff
or his attorney, make an order in the nature of a writ of inquiry, to
charge the jury in attendance in such court to inquire of the damages
and costs sustained by the plaintiff in such action, which said inquiry
shall be made and the evidence given in open court in the same manner
and under the same regulations as in other jury trials; and after the
said jury, charged as aforesaid, shall have considered thereof, they shall