ART. 75.] PLEAS IN ACTIONS FOR WRONGS. 1107

56. That he applled by petition as an insolvent debtor to the
circuit court for ———— county, (or court of common pleas for
the city of Baltimore,) on the ———— day of ————, and the
proceedings under the petition are still pending; and that the
alleged claim accrued before the filing of his petition.

57. A defendant may plead, as in the above form, that he
las applied, by petition as an insolvent debtor, to the proper
court, and that the proceedings under his petition are still pending,
and that the alleged claim accrued before the filing of his petition.
And upon proof of the facts so pleaded, judgment shall only be
entered subject to the result of the proceedings under the petition.

Forms of Pleas m Actions for Wrongs.

58. That he did not commit the wrong alleged.

59. That he did what is complained of by the defendant's
leave.

Hays v. Richardson, 1 G & J 366 Addison v.Hack, 2 Gill, 229 Carter g
Harlan, 6 Md. 26 Hamilton v. Windolf, 86 Md 301 B & O R. R. Co. v.
Pot Coal Co., 51 Md 343. Vogler v. Geiss, 51 Md. 411.

60. That the plaintiff was not entitled to the said way over
the defendant's land as the plaintiff has alleged.

61. That the plaintiff first assaulted him; and he committed
the alleged assault in his own defence.

62. That the defendant, at the time of the alleged trespass,
was possessed of land called " Idlewild," in ———— county, and
was entitled to a way from said land over the land of the plain-
tiff, to a public highway, for himself and his servants with horses
and wagons, to go and return at all times, at his and their free will,
for the more convenient occupation of the said land of the defen-
dant ; and that the alleged trespass was a use by the defendant of
said way.

Wright v. Freeman, 5 H & J. 467. Hays v. Richardson, 1 G. & J. 368
Day v. Allender, 22 Md. 525. Browne v. Trustees, 37 Md. 119. Vogler v.
Geiss, 51 Md. 410. Cox v. Forrest, 60 Md. 74.