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550 PLEADINGS PRACTICE AND PROCESS AT LAW. [ART. LXXV
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ARTICLE LXXV.
PLEADINGS, PRACTICE AND PROCESS AT LAW.*
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Pleadings.
3A. Distinction in pleadings by rea-
son of seal (with certain excep-
tions) abolished; joinder of
counts ; one form of action — as-
sumpsit ; general issue plea ; set-
off ; proviso as to limitations.
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Process.
148. A trespasser; where suable.
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I.
PLEADINGS.
2.
See notes to section 3.
3.
Pleas of limitation upheld under this section and section 24. Spencer v.
B. & O. R. R., 126 Md. 202.
1918, ch. 392.
3A. In all actions ex contractu there shall be no distinction in the
pleadings by reason of the presence or absence of a seal upon any instru-
ment or writing involved in the case, except in so far as the presence or
absence of a seal may affect the substantive rights of the parties (such
as necessity for a valuable consideration, period of limitation, etc.), as
distinct from matters of procedure; and counts for recovery upon sealed
instruments may be joined with counts for recovery upon unsealed con-
tracts, express or implied; and there shall be but one form of action for
recovery upon any cause of action arising ex contractu or quasi ex con-
tractu, namely, the action of assumpsit, in which it shall be sufficient
for the plaintiff to state briefly in his declaration the facts essential to
recovery (but nothing" hereunder shall be construed as abolishing the
use of the common counts). Provided, that no period of limitations
*The act of 1917, chapter 22, provides for suspension or stay, during the world
war, of civil proceedings at law or in equity instituted by or against persons in
the national guard or naval militia, or in the Maryland state guard, while in
active service, or in the military or naval service of the United States.
The act of 1917, chapter 23, provides for the suspension or stay, during the
world war, of any judgment, order or decree, levy, right of entry or foreclosure,
lien, power of sale, forfeiture or default on application of persons against whom
or against whose property interests the same may be executed or enforced, and
who are unable, by reason of military or naval service, to pay or satisfy the
same.
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