598

PROCEEDINGS IN ACTIONS AT LAW. [ART. 64.

1872, c 346
Pleadings, when
sufficient, with-
out reference to
mere form
11 Md 471, 18
Md 177 468, 21
Md 208 229 34
Md 669, 42 Md
1, 44 Md 319

Art 75, s 4
1856, c 112, s 137
Formal com-
mencement or

64. Any declaration which contains a plain statement of the
facts necessary to constitute a ground of action shall he sufficient,
and any plea necessary to form a legal defence shall be sufficient,
without reference to mere form, this to apply to replications, re-
joinders, and all subsequent pleadings
65. It shall not be necessary to state any formal commencement
or conclusion to any declaration or other plea.

conclusion not necessary 2G Md 380

Id s 5
1856, c 112, B 53
When lime or
place necessary
to be stated

66. It shall not be necessary to state time or place in any dec-
laration or plea, except in cases where time or place forms a part of
the cause of action or ground of defence

Id s 6
18S6, c
112, s 36 Special

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

demurrer not allowed 27 Md 467, 34 Md 206, 389 569, 44 Md 319, 45 Md 101

Id s 7
1836, c 112, s 37
No general de-
murrer allowed
for mere form
13 Md 304, 17
Md 387, 21 Md

68. No general demurrer shall he allowed for a mere informal
statement of a cause of action or defence, provided, such statement
is sufficient in substance.

208, 5i7, 22 Md 103, 260, 323, 2b Md 308, 42 Md 374

1867, c 388
Pleading over
to facts without
withdrawal of
demurrer
44 Md 319.

Questions of
law on demur-
rer to be decided
on appeal

69. In all cases, civil and criminal, in which any or either party
shall demur to any indictment, declaration, plea, replication, re-
joinder, surrejoinder, or other plea of any description of the oppo-
site party, and the said demurrer shall be overruled, the party de-
murring shall have the right to plead over to the facts of the case by
way of traverse or otherwise, without withdrawing his demurrer, and
upon appeal or writ of error, shall have the questions of law arising
upon the demurrer decided and determined, as fully to every intent

Art 75, s 8
1809, c 153, s 2
1856, c 112, s 40.
Judgment not
to bo arrested
or set aside for
mere form, or if
one good count
26 Md 53, 380,
30 Md 225, 322,

as if the party demurring, had not pleaded over.
70. No judgment shall be arrested or set aside for any omission
of mere matter of form, nor because one or more of the counts in
the declaration may be bad, if there be one count sufficient in sub-
stance

384, 457, 38 Md 110, 39 Md 424, 42 Md 1, 43 Md 10

Id s 9
1896, c 112, s 43
Objection fatal
on demurrer,
cured by
verdict
21 Md 208, 280,
27 Md 520, 29
Md 74, 38 Md
114, 43 Md 10
Id B 10
1856, c 112, s 89
Several pleas
allowed when
consistent

7 ! Where there is any imperfection, or omission whatever, in
any pleading, which would be a fatal objection on demurrer, yet if
the issue joined be such as necessarily required on the trial proof of
the facts so imperfectly stated or omitted, such imperfection or
omission shall be cured by the verdict.
72. The plaintiff in any action may plead, in answer to the plea
or any subsequent pleading of the defendant, as many several mat-
ters as he shall think necessary to sustain his action; and the de-
fendant in any action may plead, in answer to the declaration, or
other subsequent pleading of the plaintiff, as many several matters
as he shall think necessary for his defence; provided, that the plead-

No one plea to
contain distinct
matters of
defence

ing of the party be consistent with his previous allegation, and not
a departure therefrom, and that no one plea contain distinct matters
of defence or reply.

Id s 11
1785, c 80, s. S
Non est factum
to be pleaded on
oath

73. No plea of " non est factum " shall be received in any action,
unless the party for whom such plea be tendered verify the same by
affidavit, or unless the defendant, being heir, executor, or adminis-