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The Maryland Code, Public General Laws, 1888
Volume 389, Page 177   View pdf image
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ART. 16.] CHANCERY—PLEADING, PRACTICE, PROCESS. 177

answered by the defendants, or some of them, in which cases
there shall be a prayer that the defendant or defendants be re-
quired to answer the bill, or the special interrogatories appended
thereto, under oath.

Rule 16.

134. The prayer for process or for order of publication shall
contain the names of all the defendants named in the introduc-
tory part of the bill or petition, and the place of their residence,
as far as known; and if any of said defendants are known to be
infants under age, or under any other disability, such fact shall
be stated, so that the court may take order thereon, as justice
may require. And if an injunction, or other writ, or any special
order be asked in the prayer for relief, that shall be sufficient,
without repeating the same in the prayer for process.

Rule 17.

135. At any time before the bill is taken pro confesso, or
afterwards, (before final decree,) by the special leave of the court
or judge thereof, the defendant may answer, plead or demur to
the bill; and he may plead or demur to the whole bill, or to part
thereof, and he may demur to part, plead to part, and answer as
to the residue: but in every case in which the bill specially
charges fraud, usury or combination, a plea to such part must be
accompanied with an answer supporting the plea, and explicitly
denying the fraud, usury or combination, and the facts on which
the charge is founded.

Belt t). Bowie, 65 Md. 350.

Rule 18.

136. No plea or demurrer shall be allowed to be filed to any
bill or petition, unless it be supported by affidavit that it is not
intended for delay; and if a plea, that it is true in point of fact.
The form of demurrers shall be substantially as follows: "The
defendant demurs to the whole bill," or "to so much of the blll,
or discovery, or relief," stating the particular part or parts de-
murrred to, and the special grounds of the demurrer.

Rule 19.

137. The plaintiff may set down the demurrer or plea to be
argued, or he may take issue on the plea. If, upon on issue, the
13

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 177   View pdf image
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