ART. 16.] CHANCERY—PLEADING, PRACTICE, PROCESS. 175
said court is authorized and required to order the bill as to such
matter or thing, the same being sufficiently alleged and charged,
to be taken pro confesso, and to proceed to make a final decree
in the case, in the same manner as if such matter or thing had
been proved or admitted by answer.
P. G. L., (1860,) art. 16, sec. 112. 1799, ch. 79, sec. 5.
129. If any defendant, after appearance and before he puts
in a sufficient answer, shall leave the State, or if any non-resident
defendant appears and does not put in a sufficient answer, the
court may order such defendant to answer by a particular day,
and upon his failure to comply with such order, the bill may be
taken pro confesso against such defendant
Ibid. sec. 117. 1795, ch. 88, sec. 1. 1797, ch 114, sec 3. 1799, ch. 79,
sec. 2. 1820, ch 161, sec. 3.
130. Any defendant against whom an interlocutory decree
shall be entered, and also any defendant against whom an order
to take a bill as to any matter or thing pro confesso may be
passed, may appear at any time before final decree and file his
answer, on oath, to the bill, which shall be filed forthwith, or
within such reasonable time as the court in its discretion, and on
special cause shown by affidavit, shall appoint; and on such
answer being filed, such proceedings shall be. had as would or
might have been had in case such answer had been filed before
the passage of such interlocutory order or decree; but the court
shall impose such terms on the defendant as the condition of
permitting such answer to be filed, as such court may, in its dis-
cretion, under all the circumstances of the case, judge reasonable
and proper for avoiding delay or expense, and for the attainment
of justice; and the filing of such answer shall in no case affect the
validity of any testimony previously taken.
Wagner v. Shank, 59 Md. 313. Belt v. Bowie, 65 Md 350.
Rule 13.
131. Every bill or petition shall be expressed in terms aa
brief and concise as it reasonably can be, and shall contain no
unnecessary recitals of documents of any kind, in haec verba, nor
any impertinent matter, or matter scandalons and not relevant to
|
![clear space](../../../images/clear.gif) |