1114 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75.

106. It shall not be necessary in any cose 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.

Birckhead v. Saunders, 2 H. & G 82. Boteler v. State, 5 G. & J 511. Yoang-
v. State, 7 G. & J 253. Brown v. Jones, 10 G & J 335 Tucker v. State, 11
Md. 322.

107. 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.

Randall v.Glenn, 2 Gill, 430. Carter v. Tuck, 3 Gill, 248. Hall v. Sewell, 9
Gill, 147. Scott v. Leary, 34 Md. 389. Black v. Woodrow, 39. Md. 194. School
Com'rs v. Adams, 43 Md. 349 Weber v. Fickey, 47 Md. 200. Wilson v.
Merryman, 48 Md. 336. Smith v. State, 66 Md. 219.

108. Whenever the partnership' of any parties, or the incor-
poration of any alleged corporation, or the execution of any
written instrument filed in the case, is alleged in the pleadings
in any action or matter at law, the same shall be taken as ad-
mitted for the purpose of said action or matter, unless the same
shall be denied by the next succeeding pleading of the opposite
party or parties.

II.
PRACTICE.

Abatement and Revivor.

P. G. L., (1860,) art. 2, sec. 1. 1785. ch 80. 1801, ch. 74. 1815, ch. 149.
1849, ch. 517.

24. No action of ejectment, waste, partition, dower, replevin,
or any personal action, including appeals from judgments ren-
dered by justices of the peace, in any court of law in this State,
shall abate by the death of either or any of the parties to such
action; but upon the death of any defendant, the action shall be
continued, and the heir or executor of the defendant, or other
person interested on the part of the defendant, may appear to
such action; and in case the proper person to defend doth not
appear at the court at which the death is suggested, the plaintiff