CHANCERY 611

if the Court or Judge hearing the demurrer shall declare in writing on
overmling the demurrer that he is satisfied that the same was intended for
vexation, or delay, or is frivolous, or unfounded, the bill shall be taken
pro confesso as against the party filing the demurrer, and the matter thereof
proceeded in and decreed accordingly, as provided in these rules with re-
spect to defendants in default.¹

Where there are no exceptions to the demurrers referred to in the court below, and
an "additional demurrer" states the grounds of the demurrer and challenges the peti-
tioner's right to the relief prayed, an order was not reversed because of such defects in
the original demurrers. Continental Trust Co. v. Balto. Refrig. Co., 120 Md. 460.

The failure to make affidavit that pleas are not intended for delay, is a fatal defect
if seasonably availed of. How such defect should be taken advantage of. Wagoner v.
Wagoner, 76 Md. 313.

When pleas are not verified as required by this section, they cannot properly be
allowed. Turpin v. Dirickson, 105 Md. 625.

Special grounds of demurrer will not be considered on appeal, if they were not relied
upon below. Williams v. Harlan, 88 Md. 7.

While demurrer to bill and to each paragraph thereof is proper if causes of injury
from which relief is sought are separate and distinct, this condition does not apply where
conveyances complained of are all in one paragraph. Lipskey v. Voloshen, 155 Md. 142.

Demurrer declared frivolous and unfounded and bill order to be taken pro confesso
and case to proceed ex parte. Wilmer v. Westerman, 144 Md. 130.

Answer may be treated as demurrer—effect of. Hill v. Finder, 150 Md. 406.

Attempt of administratrix to demur, without complying with the provisions of this
section as to affidavit that it was not intended for delay, was properly ignored by
chancellor. Hopkins v. Easton Nat. Bank, 171 Md. 130.

Defendant in equity may answer and plead in abatement in single pleading. Scar-
borough v. Scarborough, 170 Md. 222.

Answer to bill asserting defense of res judicata not defective due to lack of affidavit;
defendant entitled to have separate hearing on question of res judicata. Moodhe v.
Schenker, 176 Md. 259.

See notes to sec. 226.

An. Code, 1924, sec. 174. 1912, sec. 159. 1904, sec. 150. 1888, sec. 137.

180. The plaintiff may set down the demurrer or plea to be argued,
or he may take issue on the plea. If, upon an issue, the facts stated in
the plea be determined for the defendant, they shall avail him as far as
in law and equity they ought to be available, but no further.

An. Code, 1924, sec. 175. 1912, sec. 160. 1904, sec. 151. 1888, sec. 138.

181. If the plaintiff shall not reply to any plea filed, or shall not set
down any plea or demurrer for argument, within ten days after the same
filed, the defendant may set it down for argument on five days' notice.

An. Code, 1924, sec. 176. 1912, sec. 161. 1904, sec. 152. 1888, sec. 139. Rule 19.

182. If, upon the hearing, any demurrer shall be allowed, the court
may, in its discretion, upon motion of the plaintiff, allow him to amend the
bill upon such terms as it shall deem to be reasonable.

An appeal does not lie from order sustaining demurrer to bill of complaint for relief
by way of injunction, with leave to plaintiff to amend within prescribed time, when
plaintiff does not amend, but takes appeal after expiration of prescribed time, without
decree of court dismissing bill of complaint. Mass v. Mass, 165 Md. 344.

As to amendments in equity, see sec. 18.

See sec. 206.

An. Code, 1924, sec. 177. 1912, sec. 162. 1904, sec. 153. 1888, sec. 140.

183. If, upon the hearing, any demurrer or plea is overruled, unless
the court or judge thereof hearing the same be satisfied that it was intended
for vexation and delay, the defendant shall be required to answer the bill,

¹ Thus amended by equity rule 18, November 21, 1919, adopted by the court of ap-
peals in accordance with sec. 18 of art. 4 of the Constitution.