1094 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75.

F. G. L., (1860,) art. 75, sec. 8. 1856, ch. 112, sec. 40. 1809, ch. 153, sec. 2.

1888, ch. 547.

9. 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, nor because of any misjoiner of forms of actions or of
counts, nor for any other matter or cause which might have been
subject of general demurrer to the declaration or other pleadings-

Gordon v. Downey, 1 Gill, 41. B C P R. W Co v. Wilkinson, 30 Md. 224.
Eakle v. Clark, 30 Md. 322. Canton Bldg. Asso B Weber, 34 Md 669. Streeks
v. Dyer, 39 Md. 424. Spencer v. Trafford. 42 Md. 1. Loney v. Bailey, 43 Md. 10.

Ibid. sec. 10. 1856, ch. 112, sec. 89. 1888, ch. 547.

10. The plaintiff in any action may plead in answer to the
plea, or any subsequent pleading of the defendant, as many several
matters as he shall think necessary to sustain his action; and the
defendant in any action may plead, in answer to the declaration
or other subsequent pleading of the plaintiff, as many severat
matters as he shall think necessary for his defence; provided, that,
the pleading of the party be consistent with his previous allega-
tion, and not a departure therefrom.

Ibid. sec. 11. 1785, ch 80, sec. 8.

11. 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 administrator of the person alleged to have made the deed, ob-
tain leave from the court upon showing just cause to put in such,
plea.

Ibid. sec. 12. 1785, ch, 46, sec. 7. 1876, ch. 398.

12. In any suit brought on any judgment or bond or other
writing sealed by the party, if the defendant shall have any de-
mand or claim against the plaintiff, upon judgment, bond or other
instrument under seal, or upon bill of exchange, check, order for
payment of money, promissory note, agreement, assumpsit or ac-
count proved, he shall be at liberty to file such demand or claim
in bar, or plead the same in discount of the plaintiff's claim and
judgment for the excess of the one claim over the other, as each
is proved, with costs of suit shall be given for the plaintiff or the