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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 404   View pdf image (33K)
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404 CHANCERY. [ART. 16

1904, art. 16, sec. 146. 1888, art. 16, sec. 133. Rule 15.

155. All bills and petitions shall be divided into paragraphs, as indi-
cated in the preceding section, and be consecutively numbered, and
shall contain simply a statement of the facts upon which the plaintiff
asks relief, and, at his option, the facts which are intended to avoid an
anticipated defence, and such averments as may be necessary, under the
rules of equity pleading, to entitle the plaintiff to relief; and the prayer
for relief shall specify particularly the relief desired, and shall also
contain the prayer for general relief. And if an injunction, or other
writ, or any special order, be required, pending the suit, it shall be
specially prayed for; the several subjects of the prayer being formed
into distinct paragraphs, and consecutively numbered. The ordinary
or formal combination clause, the allegations of the want of remedy
at law, and similar formal averments shall be omitted; nor shall it be
necessary to pray that the defendants be required to answer, unless it
be desired that they shall answer under oath, or there be special inter-
rogatories appended to the bill to be answered by the defendants or
some of them, in which cases, there shall be a prayer that the defendant
or defendants be required to answer the bill, or the special interroga-
tories appended thereto, under oath.

Where the paragraphs of a bill are misnumbered, and more than one sub-
ject matter injected into a single paragraph, such defects should be taken
advantage of by motion in the nature of a ne recipiatur, and not by demurrer.
This section will be construed so as to exact a reasonable compliance with
its requirements. Chew v. Glenn, 82 Md. 374.

Ibid. sec. 147. 1888, art 16, sec. 134. Rule 16.

156. The prayer for process or for order of publication shall con-
tain the names of all the defendants named in the introductory part of
the bill or petition, and the place of their residence, as far as known;
and if any of said defendants are known to be infanta under age, or
under any other disability, such fact shall be stated, so that the court
may take order thereon, as justice may require. And if an injunction
or other writ, or any special order be asked in the prayer for relief, that
shall be sufficient, without repeating the same in the prayer for process.
A prayer for process held sufficient under this section, the name and resi-
dence of each defendant being set out. If the name and address of a sole
defendant is given in one of the paragraphs of the bill it need not be repented
to the special prayer for a preliminary injunction, in order to ascertain the
The last sentence of this section does not prevent the court from referring
to the special prayer for a preliminary injunction, in order to ascertain the
extent of such injunction. Consol. Gas Co. v. Baltimore County, 98 Md. 694.

Ibid. sec. 148. 1888. art. 16, sec. 135. Rule 17.

157. At any time before the bill is taken pro confesso, or afterwards;
(before final decree), by the special leave of the court or judge thereof,
the defendant may answer, plead or demur to the bill;' and he may
plead or demur to the whole bill, or to part thereof, and he may demur
to part, plead to part, and answer as to the residue; but in every case
in which the bill specially charges fraud, usury or combination, a plea
to such part must be accompanied with an answer supporting the plea.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 404   View pdf image (33K)
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