2802 ARTICLE 75

the f acts of the case, but nothing herein contained shall render it erroneous
or irregular to depart from said forms so long as substance is expressed.

Allegations of declaration held insufficient either in assumpsit or covenant; assumpsit
is not sustainable upon a specialty and covenant will not lie when payments are all
due and payable. The suit being in debt on a specialty, general issue pleas in assumpsit
are improper. The general issue plea in debt is non est factum; if other defenses are
relied on they must be specially pleaded. Merryman v. Wheeler, 130 Md. 569.

This section and secs. 2 and 3 make a plain statement of facts sufficient throughput
entire series of pleading. The forms prescribed by this section or any others of like
character may be used, substance being considered. Gott v. State, 44 Md. 336.

While act. of 1852, ch. 112, simplified forms of pleading and practice, it did not
abolish the distinctive nature of actions. Smith v. State, 66 Md. 218; Lee v. Rutledge,
51 Md. 317; Canton Bldg. Assn. v. Weber, 34 Md. 670; Hamilton v. Conine, 28 Md.
646; Stirling v. Garritee, 18 Md. 474.

A declaration in trover or detinue held defective in its conclusion. Stirling v.
Garritee, 18 Md. 474.

As to powers of Court of Appeals re forms of process, writs, pleadings, etc., see
art. 26, see. 35.

Cited but not construed in Union.Bank v. Tillard, 26 Md. 451.

See notes to secs. 3 and 26.

Commencement of Declarations.

A. B., by S. T., his attorney (or in person, as the case may be), sues
C. D. for (here state the cause of action).

Conclusions of Delarations.

"And the plaintiff claims therefor" $——— (or if the action is detinue,
brought to recover specific goods), "the plaintiff claims a return of the
said goods, or their value, and $——— for their detention;" (or if the
action is replevin), "the plaintiff claims the return of the said goods"
(when they have not. been replevied and delivered), "and $——— for their
detention;" (or in cases where they have been delivered), "the plaintiff
claims said goods and $——— for their detention."

Statement of Causes of Action on Contracts.

The¹ following statements of causes of actions for the common counts
shall be sufficient, and the plaintiff may include two or more of them in
one count, but after the statement of the first cause of action, each subse-
quent statement should begin with the words "and for"

(1)———— county, ss: A.. B., by S. T., his attorney, sues C. D. for
money payable by the defendant to the plaintiff for goods sold and delivered
by the plaintiff to the defendant, and the plaintiff claims therefor the
sum of $———.

S. T., Plaintiff's Attorney.

Detinue for return of goods is maintainable only against one who has the goods in
his possession. Mylander v. Page, 162 Md. 260...

(2) Money payable by the defendant to the plaintiff for goods bargained
and sold by the plaintiff to the defendant. (These words, "money payable,
etc.," should precede money counts like the 1st to the 13th, inclusive, but
need only be inserted in the 1st.)

The omission of the words "for money payable by the defendant to the plaintiff"
is fatal on demurrer. Merryman v. Rider, 34 Md. 99; Penniman v. Winner, 54 Md.
137; Littleton v. Wells, etc., Council, 98 Md. 456; Tradesmen's Bank v. Green, 57
Md. 605.

A promise by the defendant need not be alleged in the common counts. Swem v.
Sharretts, 48 Md. 409.

Usurious interest may be recovered in an action upon the common counts. Scott v.
Leary, 34 Md. 389.