2350 ARTICLE 75.

For cases involving act of 1763, ch. 23, see Baltimore v. State, 15 Md. 458; State
v. Mayugh, 13 Md. 378; Shafer v. Stonebraker, 4 G. & J. 353; Perkins v. Turner,
1 H. & McH. 405.

See notes to secs. 2, 5 and 8.

An. Code, sec. 7. 1904, sec. 7. 1888, sec. 7. 1856, ch. 112, sec. 37.

8. No general demurrer shall be allowed for a mere informal statement
of a cause of action or defense; provided, such statement is sufficient
in substance.

This section applied to a declaration. Wilms v. White, 26 Md. 385.
This section cures a declaration claiming $5,000 damages, containing only two
counts each of which claims $2,000 damages. Mitchell v. McCleary, 42 Md. 377.

A plea in a suit by the state to recover a franchise tax, upheld by virtue of this
and preceding section. State v. German Savings Bank, 103 Md. 204.
See sec. 97 and notes to secs. 2, 3 and 5.

1920, ch. 684.

9. In all jurisdictions where provision has been or shall be made for
the, obtention of speedy judgments, whenever a defendant files a demurrer
to the declaration, said demurrer shall not be received unless the defendant
shall state the specific grounds for the demurrer, and unless the defendant
or some one in his behalf shall, under oath or affirmation, state that the
said demurrer is not filed for the purpose of delay, and that he is advised
by counsel to file said demurrer, and such demurrer shall be accompanied
by a certificate of counsel that he so advised the party filing said demurrer.

An. Code, sec. 8. 1904, sec. 8. 1888, sec. 8. 1867, ch. 388.

10. In all cases, civil and criminal, in which any or either party shall
demur to any indictment, declaration, plea, replication, rejoinder, sur-re-
joinder, or other plea of any description, of the opposite party, and the said
demurrer shall be overruled, the party demurring shall have the right to
plead over to the facts of the case by way of traverse or otherwise without
withdrawing his demurrer, and upon appeal or writ of error shall have
the questions of law arising upon the. demurrer decided and determined
as fully to every intent as if the party demurring had not pleaded over.

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

Purpose and effect of this section; the law prior to its adoption. This section dis-
tinguished from sec. 96. Barabasz v. Kabat, 91 Md. 55.
This section followed in a criminal case. Avirett v. State, 76 Md. 514.

An. Code, sec. 9. 1904, sec. 9. 1888, sec. 9. 1809, ch. 153, sec. 2. 1856, ch. 112, sec. 40.

1888, ch. 547.

11. No judgment shall be arrested or set aside for any omission of mere
matter of form, ncr because one or more of the counts in the declaration
may be bad, if there be one count sufficient in substance, nor because of
any misjoinder of forms of actions or of counts, nor for any other matter
or cause which might have been subject of general demurrer to the declara-
tion or other pleadings.

A judgment will not be arrested on ground that jury improperly assessed damages
in favor of defendant against plaintiff based on unliquidated claims when a bill of
particulars might have been required, and certificate of trial judge shows that no