1110 PLEADINGS, PRACTICE AND PBOCESS AT LAW. [ART. 75.

83. That the said contract in the declaration mentioned was,
made by the defendant jointly with one W. P., who is still,
living, and is residing in the county (or the city) aforesaid; and.
was not made by the defendant alone.

[This form shall be sufficient, whether the contract be by
parol or by deed.]
Smith v. Crichton, 33 Md. 103.

Forms of Affidavit to Pleas in Abatement.

84. ———— county.

M. K., (the defendant in the cause,) makes oath and says, that,
the plea, hereunto annexed, is true in substance and in fact.1
Sworn before ————.

Hoffman v. Prout, 4 H. & McH. 165. Deheaulme v. Boisneuf, 4 H. & McH.
413. Shriver v. Wilson, 5 H. & J. 130. Osgood v. Spencer, 2 H. & G. 133.
Graham v. Fahnestock, 6 Gill, 215. Hamilton v. State, 32 Md. 352. Gittings
v. State, 33 Md. 463.

Form of Declaration when the summons is returned as to some
of the Defendants non est.

85. R. G., by S. T., his attorney (or in person,) sues J. T.
and M. B., (but M. B. has been returned non est by the sheriff,)
for (here state the cause of action,) and the plaintiff claims from.
J. T., (the person summoned,) $——.

Commencements of Declarations by Persona Suing in Special

Characters.

86. A. B., executor of the last will (or administrator of the
goods, &c.,) of O. H., deceased, by S. T., his attorney, (or in per-
son,) sues D. E. for (here state the cause of action.)

87. J. T., who is within age, by S. T., his next friend, (or
guardian,) sues W. B. for (here state the cause of action.)

88. G. H., who was the husband of L. K., deceased, for-
merly L. B., who has survived his said wife, by S. T., his attor-
ney, (or in person,) sues O. P. for (here state the cause of action.)

89. The affidavit should also contain the averment in the form prescribed by
any special law. Such, e. g., as "that the affiant verily believes that the de-
fendant will be able to produce sufficient evidence to support the same."