506 ARTICLE 16.
Where a plea is ruled sufficient, no costs are taxed against the complainant.
Carroll v. Waring, 3 G. & J. 503.
This section referred to in deciding that a demurrer to the whole bill, is an
answer within the meaning of art. 5, sec. 31. Baltimore v. Weatherby, 52 Md. 448.
Where a defendant overrules his plea by filing an answer, this section applies.
Bank of Maryland v. Dugan, 2 Bl. 257.
Cited but not construed in Wagner v. Shank, 59 Md. 327; Shipley v. Ritter, 7
Md. 416. And see Worthington v. Lee, 2 Bl. 685.
An. Code, sec. 164. 1904, sec. 155. 1888, sec. 142. Rule 20.
179. The defendant in his answer shall in short and simple terms set
out his defense to each claim asserted by the bill, omitting any .mere state-
ment of evidence, but specifically admitting or denying or explaining the
facts upon which the plaintiff relies, unless the defendant is without knowl-
edge, in which case he shall so state, and such statement shall operate as a
denial. He shall make answer to all the material allegations. The answer
shall be divided into paragraphs, numbered consecutively, each paragraph
containing, as near as may be, a separate and distinct averment. The de-
fendant shall be entitled in all cases by answer to insist upon all matters
of defense in law or Equity, to the merits of the bill of which he may be
entitled to avail himself by demurrer. Averments, other than the value or
amount of damage, if not denied, shall be deemed to be confessed, except as
against an infant, lunatic, or other person non compos and not under guar-
dianship, but the answer may be amended by leave of the Court or the
Judge thereof, upon reasonable notice so as to put any averment in issue,
when justice requires it. The answer may state as many defenses, in the
alternative, regardless of consistency, as the defendant deems essential to
his defense.1
The portion of this section to the effect that the defendant may in an answer
insist upon defenses to the merits which might be availed of by demurrer or plea
in bar, referred to—see notes to art. 66, sec. 16. Buckner v. Cronhardt, 132 Md. 616.
An. Code, sec. 165. 1904, sec. 156. 1888, sec. 143. Rule 25.
180. Special interrogatories to the defendant shall not be incorporated
in the bill or petition, but shall be appended thereto; and they shall be
divided as conveniently as may be, and numbered consecutively. And if
there be more than one defendant, and the interrogatories are not intended
to be answered by all, it shall be designated which defendant is required to
answer the several interrogatories. And in like manner and form, any de-
fendant shall be entitled to file interrogatories to any of the plaintiffs, after
he shall have put in his answer to the bill; and such interrogatories, either
to plaintiff or defendant, and the answer thereto, shall be deemed part of
the pleadings in the cause. Notice by service of copy, or otherwise, shall
be given to the party required to answer, who shall answer within fifteen
days from the time of service, unless the time, for cause shown, be extended
by special order; and answers to such interrogatories may be compelled by
attachment.
1 Thus amended by equity rule 20, November 21, 1919, adopted by the court of ap-
peals in accordance with sec. 18 of art. 4 of the Constitution.
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