610

PROCEEDINGS IN ACTIONS AT LAW. [ART. 64.

fendant paid away, in discharge of just claims, a large amount of
assets of P. S., deceased, and that more than six months before said
payments, he gave notice to the creditors of P. S. to bring in their
claims. And, at the time of said payment, he had no notice or
knowledge of the alleged claim. And there are other just debts still
due from P. S., of which the defendant had no notice or knowledge
at the time of the said payments; and he has not. and never has had,

Insufficiency of
assets

assets sufficient to pay but a proportion of the alleged claim, regard
being had to the debts still due from P. S.

Other pleas

102d. Other pleas may be in similar form.

Commencements and Conclusions of Declarations by Executors and
Administrators against Executors and Administrators.

Executors and
administrators
suing execu-
tors and admin-
istrators

103d ———— county. A. B., executor of the last will (or adminis-
trator of the goods and chattels, etc. ) of W. K, deceased, by S. T.,
his attorney (or in person) sues T. K, executor of the last will (or
administrator of the goods and chattels, etc. ), of W. K., deceased,
for (here state cause of action).

Counts in suits

104th. And the plaintiff claims $ ———— (or if the action is brought
to recover specific goods) the plaintiff claims a return of the said
goods, or their value, and $ ———— for their detention.

Forms.

105th. Declarations by executors and administrators against ex-
ecutors and administrators, may he in the same form as if the
parties sued in their own right, if proper words are used to show the
cause of action occurred between the persons they respectively rep-
resent.

Profert not
necessary

106th. It shall not be necessary in any case to make profert in a
declaration or plea, but the opposite party shall be entitled to oyer
in the same manner as if profert were made.

Common law
forms may be
used
34 Md 389,
39 Md 104
Bill of particu-
lars

107th. Either party may use the common law forms, ' or the forms
hereinbefore given, at his election, and either party may require a
bill of particulars, where the pleading is so general as not to give
sufficient notice to the opposite party of the evidence to be offered
in support of it.

AMENDMENTS.

Art 75, s 23
1785, c 80, s 4,
1809, c 153,
1852, c 177, s 1
Amendments
10 Md 530, 19
Md 418, 24 Md
492, 26 Md 446,
28 Md 492, 29
Md 398 30 Md
463, 35 Md 47,
37 Md 235 345,
40 Md 207, 41
Md 124. 42 Md
1, 43 Md 203.
44 Md 410

85. In all suits and actions at law any of the proceedings, in-
cluding the writ or summons, may be amended so that such case
may be tried on its real merits, and the purposes of justice sub-
served; writs may be amended from one form of action to another,
when the ends of justice require it; and any amendment may be
made at any time before the jury retire to make up their verdict in
cases of jury trial, and in cases of demurrer and other trials before
the court, at any time before judgment is entered

Id s 24
1852, c 177, s 9
Continuances
35 Md 47,
43 Md 203

86. No continuance shall be granted upon amendments of the
plots, writs, or any of the proceedings, but the case shall proceed
as if no amendment had been made, unless the court shall be satis-
fied that the ends of justice require a continuance.