ARTICLE 75.
PLEADINGS, PRACTICE AND PROCESS AT LAW.
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PLEADINGS, PRACTICE AND
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liquidated or unliquidated claim of
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PROCESS AT LAW.
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same nature, whether available by
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1. What in general they shall be.
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recoupment or not.
17. When set-off is pleaded, judgment may
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I.
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be given for excess of one claim over
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other if such excess supports judg-
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Pleadings.
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ment; otherwise excess basis of judg-
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2. Facts only to be stated.
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ment in lower court.
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3. Plain statement of facts to be suffi-
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18. Suit at law may be maintained on lost
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cient.
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negotiable instrument; procedure in
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4. Distinction in pleadings by reason of
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such cases.
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seal (with certain exceptions) abol-
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19. Truth may be given in evidence on
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ished; joinder of counts; one form
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general issue in criminal prosecutions
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of action — assumpsit; general issue
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for libel.
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plea; set-off; proviso as to limita-
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20. Breaches in suits on bond of clerks and
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tions.
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registers; how suggested.
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5. Formal conclusions and terminations
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21. Plea non damnificatus not received in
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to be unnecessary.
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such suits.
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6. Statement of time and place, when un-
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22. Executions on forfeited recognizance.
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necessary.
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23. Pleadings upon return of execution in
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7. Special demurrers abolished.
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such cases.
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8. General demurrer allowed, when.
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24. Payment of money into court, in what
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9. Demurrer, specific grounds required
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cases allowed.
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and affidavit not for delay where
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25. Replications to plea of payment into
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speedy judgment provisions prevail.
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court; further proceedings in such
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10. Pleading over after demurrer over-
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cases.
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ruled to be permitted without waiver
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26. Patented names of lands need not be
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of demurrer.
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stated; substantial description of
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11. For what defects judgment shall not
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lands sufficient.
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be arrested.
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27. Suits against insurance, surety or
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12. As many several matters to be pleaded
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bonding companies.
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throughout the pleadings as parties
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think necessary; departure.
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Forms of Pleadings.
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13. Upon dilatory plea being overruled,
defendant may plead over without
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28. Forms given to be sufficient; sub-
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withdrawing dilatory plea, and upon
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stance only need be expressed; form
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appeal, ruling on such plea may be
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of commencement and conclusion
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reviewed.
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of declarations.
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14. Non est faction to be sworn to; in
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Sub-sees. 1-25. Statement of causes of
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what cases and how oath may be
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action on contracts.
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dispensed with.
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Sub-sec. 26. On bill obligatory or
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15. Same persons may sue and be sued on
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bond.
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sealed instrument as might sue and
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Sub-sec. 27. By assignee or chose in
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be sued thereon but for seal.
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action.
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16. In suits ex contractu or upon judg-
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Sub-sees. 28-38. For wrongs indepen-
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ment, defendant may plead specially
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dent of contract.
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As to powers of Court of Appeals re forms of process, writs, pleadings, etc., see
art. 26, sec. 35.
