186 ARTICLE 16.
173.
While demurrer to bill and to each paragraph thereof is proper if causes of
injury from which relief is sought are separate aud distinct, this condition does
not apply where conveyances complained of are all in one paragraph. Lipskey
v. Voloshen, 155 Md. 142.
Demurrer declared frivolous and unfounded and hill ordered to be taken pro
confesso and case to proceed ex parte. Wilmer v. Westerman, 144 Md. 130.
Answer may be treated as demurrer—effect of. Hill v. Pinder, 150 Md. 406.
See notes to sec. 220.
176.
An appeal does not lie from order sustaining demurrer to bill of complaint
for relief by way of Injunction, with leave to plaintiff to amend within pre-
scribed time, when plaintiff does not amend, but takes appeal after expiration
of prescribed time, without decree of court dismissing bill of complaint. Mass
v. Mass, 165 Md. 344.
178.
Presumption that court ''otherwise specially" ordered when it expressly
authorized defendants to file answer after overruling demurrer. Robbins v.
Dorsey, 150 Md. 271.
179.
Demurrer and answer may be in same "paper. Hendler Creamery Co. v.
Lillich, 152 Md. 192.
See notes to secs. 173 and 220.
An. Code, 1924, sec. 187. 1912, sec. 172. 1004, sec. 163. 1SS8, sec. 150. 1933, ch. 549.
187. If the plaintiff, so obtaining any order to amend his bill after
answer or demurrer thereto, shall not make the amendment within the
time allowed, he shall be considered to have abandoned the leave to amend,
and the cause shall proceed as if no application for such leave had been
made. But where such amendment is made, and new facts are introduced,
and the case is thus varied in any material respect, the defendant shall
be at liberty to answer anew or demur to the bill as amended, within such
time as the court or judge thereof may prescribe, after notice of the
amendment made; and notice may, in all cases, be given by service of a
copy of the bill as amended, upon the defendant, or upon his solicitor,
if there be one; or it may be by subpoena; or if any of the parties de-
fendant is an infant or non-sane defendant for whom a legal guardian or
committee may have been required by the Court to appear, answer, and
defend, or for whom a guardian ad litem may have been legally ap-
pointed, then such notice may be given by service of a copy of the bill
as amended upon such legal guardian, committee, or guardian ad litem,
or upon his solicitor, if there be oue legally appointed. The. mode of
proceeding in default of answer to the matter of the amendment shall be
the same as that in default of answer to the original bill; and the pro-
ceeding on answer or demurrer, filed to the amended bill, shall be the
same as that on answer or demurrer to an original bill.
189.
The rule of security for costs has relation only to a non-resident plaintiff,
and does not apply to a defendant who, after decree has been rendered in
favor of the plaintiff, flies a petition to annul decree. Harris v. Harris, 159
Md. 629.
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