608

PROCEEDINGS IN ACTIONS AT LAW. [ART. 64.

(This form shall be sufficient, whether the contract be by parol or

by deed. )

Form of Affidavit to Pleas in Abatement.

Affidavit

84th. ———— county.

M. R. (the defendant in the cause), makes oath and says, that

the plea, hereunto annexed, is true in substance and in fact.

Sworn before, ———— ————.

Form of Declaration when the, Summons is returned as to some of the

Defendants non est.

Where sum-
mons returned

85th. R G, by S. T., his attorney (or in person), sues J. T. and

non est as to

M. B. (but M B. has been returned non est by the sheriff), for (here

some of defend-
ants.

state the cause of action), and the plaintiff claims from J. T. (the

person summoned), $ ————.

Commencements of Declarations by Persons suing in Special

Characters.

Execute
18 Md. 163.

86th. A. B, executor of the last will (or administrator of the

goods, etc. ), of O. H. deceased, by S. T., his attorney (or in person),

sues D. E for (here state the cause of action).

Next friend or
guardian

87th. J. T., who is within age, by S. T., his next friend (or

guardian), sues W. B. for (here state the cause of action).

Surviving hus-

88th. G. H., who was the husband of L. K, deceased, formerly

band

L. B, who has survived his said wife, by S T., his attorney (or in

person), sues C. P. for (here state the cause of action).

Surviving

89th. B. H. and F. W., surviving partners of T. K. and I. M.

partner.

(trading under the name of B. H.. F. W. & Co. ), by S. T., their

attorney (or in person), sue T. H, surviving partner of M S. (trad-

ing under the name of T. H. and M S. ), for (here state the cause

of action).

(The words " trading under the name of, etc, " may be omitted,

unless the name of the firm be contained in the contract sued on )

(The conclusion of declarations, by persons suing in special char-

acters, shall be the same with that of declarations, by persons suing

in their proper characters )

i

Conclusion of Declarations by Executors and Administrators.

Claim.

90th. And the plaintiff claims $ ———— (or if the action is brought

to recover specific goods), the plaintiff claims a return of the goods

or their value, and $ ———— for their detention.

Statement of Causes of Action by Executors and Administrators.

Money payable

91st. Money payable by the defendant to the plaintiff for goods

bargained and sold by 0 H., in his lifetime, to the defendant.