|
2368 ARTICLE 75.
(The conclusion of declarations, by persons suing in special characters,
shall be the same with that of declarations by persons suing in their proper
characters.)
Conclusions of Declarations by Executors and Administrators.
(90) " And the plaintiff claims therefor " $———— (or if the action is
detinue, brought to recover specific goods), "the plaintiff claims a return
of the said goods, or their value, and $———— for their detention;" (or
if the action is replevin,) "the plaintiff claims the return of the saia
goods " (when they have not been replevied and delivered), " and $———
for their detention;" (or in cases where they have been delivered,) " the
plaintiff claims said goods and $———— for their detention."
Statement of Causes of Action by Executors and Administrators.
(91) Money payable by the defendant to the plaintiff for goods bar-
gained and sold by O. H., in his lifetime, to the defendant.
(92) Work done and materials provided by 0. H. in his lifetime, for
the defendant, at his request.
(93) And the form may be the same as between the original parties,
adding proper words, to show that the transaction occurred with the
decedent.
Commencements of Declarations Against Executors and Administrators.
(94) A. B., by his attorney (or in person, as the case may be), sues
C. D., executor of the last will (or administrator of the goods, chattels,
etc.), of P. S., deceased, for (here state the cause of action).
Conclusions of Declarations Against Executors and Administrators.
(95) " And the plaintiff claims therefor " $———— (or if the action is
detinue, brought to recover specific goods), " the plaintiff claims a return
of the said goods, or their value, and $———— for their detention;" (or
if the action is replevin,) " the plaintiff claims the return of the said
goods " (when they have not been replevied and delivered,) " and $————
for their detention;" (or in cases where they have been delivered) "the
plaintiff claims said goods and $———— for their detention."
Statement of Causes of Action Against Executors and Administrators.
(96) Causes of action may be stated against executors and adminis-
trators in the same manner as if they were the original parties thereto,
except that proper words must be used to show that the claim was against
the deceased in his lifetime.
Under this sub-section it is permissible to state cause of action as if the executors
were the original parties, words of explanation being used to show that claim was
really against decedent in his lifetime; but it need not be so stated. Declaraton
held sufficient. Stoner v. Devilbiss, 70 Md. 155.
|