PLEADINGS, PRACTICE AND PEOCESS AT LAW. 2349

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 contracts, 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 Contractu, 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 now prescribed by law with respect
to any cause of action now existing or hereafter arising shall be altered
by this section. And in any such suit at law it shall be sufficient for the
defendant to file a general issue plea that the defendant never was indebted
as alleged, or that the defendant never promised as alleged, under either
of which forms of plea all matters of defence and discharge shall "be
admissible in evidence, except any matters which could only be availed of by
a special plea, or by a more express denial than such general issue plea,
in an action of assumpsit prior to the enactment of this section.

And the provisions of this section shall apply, mutatis mutandis, to the
pleadings when the defendant relies upon matter ex Contractu in a plea
of set-off.

An. Code, sec. 4. 1904, sec. 4. 1888, sec. 4. 1856, ch. 112, sec. 91.

5. It shall not be necessary to state any formal commencement or
conclusion to any declaration or other plea.

This section applied to a declaration. Wilms v. White, 26 Md. 386.
A replication and rejoinder held sufficient under this section, and in the light of
secs. 3, 7 and 8. Cumberland, etc., R. R. Co. "v. Slack, 45 Md. 178.
See notes to sec. 2. For forms of pleading, see sec. 28.

An. Code, sec. 5. 1904, sec. 5. 1888, sec. 5. 1856, ch. 112, secs. 53, 111, 112.

6. It shall not be necessary to state time or place in any declaration or
plea, except in cases where time or place forms a part of the cause of
action or ground of defense.

In a suit by an employee against his employer for discharging him prior, to
expiration of the term of service, the day and month of the discharge need not be
set out in declaration. Any statement of a fact not necessary to be proved is but
a matter of form. Spencer v. Trafford, 42 Md. 16. And see Richardson v. Hall, 21
Md. 399; Dietus v. Fuss, 8 Md. 161.

See notes to sec. 2 and to see. 28, sub-sec. 37. For forms of pleadings, see sec. 28.

An. Code, sec. 6. 1904, sec. 6. 1888, sec. 6. 1763, ch. 23. 1856, ch. 112, sec. 36.

7. No special demurrer shall be allowed in any civil case.

The special demurrer provided for in sec. 137 constitutes an exception to this
section. Chesapeake, etc., Telephone Co. v. MacKenzie, 74 Md. 44. Where no
objection is made below to form of demurrer under this and following section, and
defendant joint issue upon demurrer, he will be held to have waived any objection
which he might otherwise make. Shoop v. Powles, 13 Md. 310.

This section applied. Mitchell v. Wedderburn, 68 Md. 143; Horner v. Frazier,
65 Md. 10; Gott v. State, 44 Md. 336.