ART. 75.] PLEADINGS—DEMURRER. 1093

P. G. L., (1860,) art. 75, sec. 4. 1856, ch. 113, sec. 91.

4. It shall not be necessary to state any formal commencement

or conclusion to any declaration or other plea.

Wilms v. White, 26 Md. 380. Spencer v. Trafford, 42 Md. 1.

Ibid. sec. 5. 1856, ch. 112, secs. 53,111-112.

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

Patterson v. Wilson, 6 G. & J. 499. Middlekauff v. Smith, 1 Md. 339. Dietus
v. Fuss, 8 Md. 162. Richardson v. Hall, 21 Md. 404. Gladfelter v. Walker, 40
Md. 11. Spencer v. Trafford, 42 Md 1. Crook v. Pitcher, 61 Md. 510.

Ibid. sec. 6. 1763, ch. 23. 1856, ch. 112, sec. 36.

6. No special demurrer shall be allowed in any civil case.
Blackburn v. Beall's Ex'r, 21 Md. 208. Spencer v. Trafford, 42 Md. 1. Gott
v. State. 44 Md. 319.

Ibid, sec 7. 1856, ch. 112, sec. 37.

7. No general demurrer shall be allowed for a mere informal

statement of a cause of action, or defence; provided, such state-
ment is sufficient in substance.

Shoop v. Fowles, 13 Md. 304. Kent v. Holliday, 17 Md. 387. Blackburn v.
Beall's Ex'r, 21 Md. 208. Wilms v. White, 26 Md. 380. McAleer v. Horsey,
35 Md. 439. Miller v. Miller, 41 Md. 623. Spencer v. Trafford, 42 Md. 1.
Mitchell v. McCleary, 42 Md. 374.

1867, ch. 888.

8. In all cases, civil and criminal, in which any or either party

shall demur to any indictment, declaration, plea, replication, re-
joinder, sur-rejoinder, or other plea of any description, of the
opposite party, and the said demurrer shall be overruled, the
party demurring 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 ques-
tions of law arising upon the demurrer decided and determined,
as fully to every intent as if the party demurring had not pleaded

over.