936 ARTICLE 75.

Cited but not construed in Parks v. Skipper, 164 Md. 390; Citizens' Natl.
Bank v. Parsons, 167 Md. 633.

This section cited in separate opinion in Surratt v. State, 167 Md. 367.

This section referred to in Citizens' Natl. Bank v. Parsons, Daily Record,
Jan. 2, 1935.

8.

See notes to sec. 2.

An. Code, 1924, sec. 9. 1920, ch. 684. 1927, ch. 525.

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 a declaration filed under such Speedy Judgment Act, 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 pur-
pose 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.

Demurrer rejected as not being sufficiently specific. Shpritz v. Balto. Trust
Co., 151 Md. 512 (decided prior to act 1927, ch. 525).

10.

Replying to plea, after motion ne recipiatur to plea of forgery is overruled,
and proceeding with trial does not waive right of review on appeal of over-
ruling of motion. Plea to jurisdiction. Farmers' & Ments. ' Bank v. Harper,
153 Md. 139.

To first note to this section, page 2350, vol. 2, of Code, add Farmers' & Mchts. '
Bank v. Harper, 153 Md. 143.

Cited but not construed in Landwehr v. Life Ins. Co., 159 Md. 209.

The rights of the defendant on the demurrer, being preserved on appeal, the
sufficiency of the declaration will receive first consideration, without regard to
the facts presented in evidence, as evidence cannot supply omissions or correct
defects in a declaration. Great A. & P. Tea Co. v. Roch, 160 Md. 191.

11.

Cited but not construed in Montgomery Bus Lines v. Diehl, 158 Md. 243.

12.

Not objectionable under this section for defendant at once to offer two de-
fenses, one that there was agreement that services were to be rendered without
cost, and the other accord and satisfaction. Surratt v. Wagner 161 Md. 159.

14.

This section was cited as being applicable in separate opinion in Surratt v.
State, 167 Md. 367.

16.

Defaulting trustee nor his surety can. as against successor trustee who is
seeking to recover trust fund, set off a claim by the defaulter on account of a
private debt due the defaulter by one of the distributees of the trust fund.
Assurance Corp. v. State, 163 Md. 135.

18.

The bond need not be given before verdict, but before judgment entered.
Prayers. Councilman v. Towson Bank, 103 Md. 478. See also Ecker v. First
Natl. Bank, 59 Md. 305.