800 PLEADINGS, PEACTICE AND PROCESS AT LAW. [ART. 75

3.

A declaration in trespass sustained under this section and sections 24
and 22—see notes to the latter section. The substance, not the form, of
pleading is the controlling consideration. Lapp v. Stanton, 116 Md. 199.

This section referred to in upholding a declaration in a suit for personal
injuries. Phelps v. Howard County, 117 Md. 178.

7.

See section 91A.

8.

This section referred to in deciding that where a plaintiff files a motion
to strike out certain pleas, then demurs to the pleas and then replies, he
has waived his motion to strike out and can not have the refusal of such
motion reviewed upon appeal, particularly where he reserves no exception.
Wilkin Mnfg. Co. v. Melvin, 116 Md. 107.

9.

A judgment will not be arrested on the ground that the jury improperly
assessed damages in favor of the defendant against the plaintiff based on
unliquidated claims when a bill of particulars might have been required,
and the certificate of the trial judge shows that no objection to an affirma-
tive verdict for the defendant on the ground that the claims were unliqui-
dated was raised during the trial, and when counsel for both parties argued
for an affirmative verdict for a specific amount, using certain statements
of their respective claims, and copies of such statements were taken by
consent to the jury room. Effect of a demurrer to the declaration after a
bill of particulars has been filed. Object and history of this section. Noel
Construction Co. v. Armored Concrete Co., 120 Md. 249.

1914, ch. 68.

10A. In all cases in which a defendant shall plead a dilatory plea,
and such dilatory plea shall be overruled or disallowed upon demurrer
to or traverse of the same, the defendant who has so pleaded shall there-
upon have the right to plead over to the merits of the case without with-
drawing his dilatory plea, and upon appeal or writ of error he shall be
entitled to have the questions of law arising upon his dilatory plea
decided and determined as fully to every intent as if he had not pleaded
over to the merits.*

1914, ch. 108.

11A. In suits brought upon any instrument or writing under seal
executed on and after June 1, 1914, any person entitled to sue or liable
to be sued thereon but for such seal, shall be entitled to sue and liable
to be sued notwithstanding such seal.*

1904, art. 75, sec. 12. 1888, art. 75, sec. 12. 1860, art. 75, sec. 12. 1785, ch. 46,
sec. 7. 1876, ch. 398. 1914, ch. 393.

12. In any suit ex contractu or upon any judgment, if the defend-
ant shall have any demand or claim arising ex contractu or upon judg-
ment against the plaintiff, the defendant may plead such claim specially,
whether such claim of the defendant be for liquidated or unliquidated

*In effect September 1, 1914.