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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 609   View pdf image (33K)
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CHANCERY 609

An. Code, 1924, sec. 169. 1912, sec. 154. 1904, sec. 145. 1888, sec. 132. Rule 6.

175. All bills and petitions in the introductory part thereof shall con-
tain the names of all the parties, plaintiffs and defendants, by and against
whom the suit is brought. The form shall be substantially as follows:
IN THE CIRCUIT COURT FOR COUNTY.

A B, Plaintiff,

against

C D, Defendant,

To the Honorable, the Judges of said Court:
Your orator, complaining, says:

1. That, etc., making each paragraph contain a succinct but a complete
statement of fact.

It might have been claimed that a paragraph in a bill of complaint was demurrable
under this and the following section; question not passed on. Reynolds v. Russler,
128 Md. 609.
See notes to sec. 176.

An. Code, 1924, sec. 170. 1912, sec. 155. 1904, sec. 146. 1888, sec. 133. Rule 7.

176. All bills and petitions shall be divided into paragraphs, as indi-
cated in the preceding section, and be consecutively numbered, and shall
contain simply a statement of the facts upon which the plaintiff asks relief,
and, at his option, the facts which are intended to avoid an anticipated
defence, and such averments as may be necessary, under the rules of equity
pleading, to entitle the plaintiff to relief; and the prayer for relief shall
specify particularly the relief desired, and shall also contain the prayer for
general relief. And if an injunction, or other writ, or any special order,
be required, pending the suit, it shall be specially prayed for; the several
subjects of the prayer being formed into distinct paragraphs, and consecu-
tively numbered. The ordinary or formal combination clause, the allega-
tion of the want of remedy at law, and similar formal averments, shall be
omitted; nor shall it be necessary to pray that the defendants be required
to answer, unless it be desired that they shall answer under oath, or there
be special interrogatories appended to the bill to be answered by the de-
fendants, or some of them, in which cases there shall be a prayer that the
defendant or defendants be required to answer the bill, or the special inter-
rogatories appended thereto under oath.

This section recognizes the principle that every bill in equity must contain a clear
statement of the facts upon which the plaintiff relies for relief; requisites of bill for
specific performance and for injunction. McDowell v. Biddison, 120 Md. 125; Chesapeake
Beach Co. v. Hall, 121 Md. 654.

Where the paragraphs of a bill are misnumbered; and more than one subject matter
injected into a single paragraph, such defects should be taken advantage of by motion
in the nature of a ne recipiatur, and not by demurrer. This section will be construed
so as to exact a reasonable compliance with its requirements. Chew v. Glenn, 82 Md. 374.

See notes to sec. 175.

An. Code, 1924, sec. 171. 1912, sec. 156. 1904, sec. 147. 1888, sec. 134. Rule 8.

177. The prayer for process, or for order of publication, shall contain
the names of all the defendants named in the introductory part of the bill
of petition, and the place of their residence, as far as known; and if any
of said defendants are known to be infants under age, or under any other
disability, such f act. shall be stated, so that the court may take order thereon,
as justice may require. And if an injunction, or other writ, or any special
order be asked in the prayer for relief, that shall be sufficient, without
repeating the same in the prayer for process.
21


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 609   View pdf image (33K)
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