2794 ARTICLE 75

In action by corporation on a specialty, pleas of never indebted and never promised
as alleged are not specific denial of incorporation of plaintiff nor of execution of
specialty, and if not otherwise specifically denied, are admitted. Roth v. Baltimore
Trust Co., 161 Md. 348.

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, 167 Md. 633.

An. Code, 1924, sec. 5. 1912, sec, 4. 1904, sec. 4. 1888, sec. 4. 1856, ch. 112, sec. 91.

5. It shall not be necessary to state any formal commencement or con-
clusion to any declaration or other plea.

This section applied to a declaration. Wilms v. White, 26 Md. 386.

A replication and rejoinder held sufficient under this section, and in the light of
secs. 3, 7 and 8. Cumberland, etc., R. R. Co. v. Slack, 45 Md. 178.

See notes to sec. 2. For forms of pleading, see sec. 28.

An. Code, 1924, sec. 6. 1912, sec. 5. 1904, sec. 5. 1888, sec. 5. 1856, ch. 112,

secs. 53, 111, 112.

6. It shall not be necessary to state time or place in any declaration or
plea, except in cases where time or place forms a part of the cause of action
or ground of defense.

In a suit by an employee against his employer for discharging him prior to expiration
of the term of service, the day and month of the discharge need not be set out in
declaration. Any statement of a fact not necessary to be proved is but a matter of
form. Spencer v. Trafford, 42 Md. 16. And see Richardson v. Hall, 21 Md. 399; Dietus
v. Fuss, 8 Md. 161.

See notes to sec. 2 and to sec. 28, sub-sec. 37. For forms of pleadings, see sec. 28.

An. Code, 1924, sec. 7. 1912, sec. 6. 1904, sec. 6. 1888, sec. 6. 1763, ch. 23.
1856, ch. 112, sec. 36.

7. No special demurrer shall be allowed in any civil case.

The special demurrer provided for in sec. 137 constitutes an exception to this section.
Chesapeake, etc., Telephone Co. v. MacKenzie, 74 Md. 44. Where no objection.is
made below to form of demurrer under this and following section, and defendant
joined issue upon demurrer, he will be held to have waived any objection which he
might otherwise make. Shoop v. Powles, 13 Md. 310.

This section applied. Mitchell v. Wedderburn, 68 Md. 143; Horner v. Frazier, 65
Md. 10; Gott v. State, 44 Md. 336.

For cases involving act of 1763, ch. 23, see Baltimore v. State, 15 Md. 458; State v.
Mayugh, 13 Md. 378; Shafer v. Stonebraker, 4 G. & J. 353; Perkins v. Turner, 1
H. & McH. 405.

See notes to secs. 2, 5 and 8.

An. Code, 1924, sec. 8. 1912, sec. 7. 1904, sec. 7. 1888, sec. 7. 1856, ch. 112, sec. 37.

8. No general demurrer shall be allowed for a mere informal state-
ment of a cause of action or defense; provided, such statement is sufficient
in substance.

This section applied to a declaration. Wilms v. White, 26 Md. 385.

This section cures a declaration claiming $5,000 damages, containing only two counts
each of which claims $2,000 damages. Mitchell v. McCleary, 42 Md. 377.

A plea in a suit by the state to recover a franchise tax, upheld by virtue of this
and preceding section. State v. German Savings Bank, 103 Md. 204.

See sec. 97 and notes to secs. 2, 3 and 5.

An. Code, 1924, see. 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