502 ARTICLE 16.
An. Code, sec. 153. 1904, sec. 144. 1888, sec. 131. Rule 5.
168. Every bill or petition shall be expressed in terms as brief and
concise as it reasonably can be, and shall contain no unnecessary recitals of
documents of any kind, in haec verba, or any impertinent matter, or matter
scandalous and not relevant to the suit; and the same rule shall apply to all
answers filed by defendants; and if this rule be violated, the unnecessary
or improper matter or averment may, by order of Court, upon motion or
upon its own initiative, be stricken out at the cost of the party introducing
the same. The signature of a solicitor of record to any bill or other plead-
ing shall be considered as a certificate of such solicitor that he has read
the paper so signed by him, and that upon the information and instructions
laid before him regarding the case there is good ground for the same and
it is not filed for delay, or other improper purpose.1
See notes to sec. 170.
An. Code, sec. 154. 1904, sec. 145. 1888, sec. 132. Rule 6.
169. All bills and petitions in the introductory part thereof shall con-
tain the names of all the parties, plaintiffs and defendants, by and against
whom the suit is brought. The form shall be substantially as follows:
IN THE CIRCUIT COURT FOR COUNTY.
A B, Plaintiff,
against
C D, Defendant,
To the Honorable, the Judges of said Court:
Your orator, complaining, says:
1. That, etc., making each paragraph contain a succinct but a complete
statement of fact.
It might have been claimed that a paragraph in a bill of complaint was de-
murrable under this and the following section; question not passed on. Reynolds v.
Russler, 128 Md. 609.
See notes to sec. 170.
An. Code, sec. 155. 1904, sec. 146. 1888, sec. 133. Rule 7.
170. All bills and petitions shall be divided into paragraphs, as indi-
cated in the preceding section, and be consecutively numbered, and shall
contain simply a statement of the facts upon which the plaintiff asks relief,
and, at his option, the facts which are intended to avoid an anticipated
defence, and such averments as may be necessary, under the rules of equity
pleading, to entitle the plaintiff to relief; and the prayer for relief shall
specify particularly the relief desired, and shall also contain the prayer for
general relief. And if an injunction, or other writ, or any special order,
be required, pending the suit, it shall be specially prayed for; the several
subjects of the prayer being formed into distinct paragraphs, and consecu-
tively numbered. The ordinary or formal combination clause, the allega-
tion of the want of remedy at law, and similar formal averments, shall be
omitted; nor shall it be necessary to pray that the defendants be required
to answer, unless it be desired that they shall answer under oath, or there
1 Thus amended by equity rule 5, November 21, 1919, adopted by the court of ap-
peals in accordance with sec. 18 of art. 4 of the Constitution.
|
|