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The Maryland Code, Public General Laws, 1888
Volume 389, Page 178   View pdf image
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178 CHANCERY—PLEADING, PRACTICE, PROCESS. [ART, 16.

facts stated in the plea be determined for the defendant, they shall
avail him as far as in law and equity they ought to be available,
but no further.

Rule 20.

138. If the plaintiff sliall not reply to any plea filed, or shall
not set down any plea or demurrer for argument, within ten days
after the same filed, the defendant may set it down for argument
on five days' notice.

Rule 21.

139. If, upon the hearing, any demurrer or plea shall be
allowed, the court may, in its discretion, upon motion of the plain-
tiff, allow him to amend his bill upon such terms as it shall deem
to be reasonable.

Rule 22.

140. If, upon the hearing, any demurrer or plea is overruled,
unless the court or judge thereof hearing the same be satisfied
that it was intended for vexation ond delay, the defendant shall be
required to answer the blll, or so much thereof as may be covered
by the plea or demurrer, at such time as, consistently with justice
and the rights of the defendant, the same can be reasonably done;
in default whereof, the bill shall be taken, as against him, pro con-
fesso, and the matter thereof proceeded in and decreed accord-
ingly; and such decree shall also be made when the court or
judge thereof shall be satisfied that the plea or demurrer was in-
terposed for vexation or delay merely, and is frivolous or un-
founded.

P. G. L., (1860,) art. 16, sec. 102. 1785, ch. 72, sec. 25. 1888, ch. 486.

141. Upon any plea or demurrer being overruled, upon argu-
ment or otherwise, or being withdrawn without leave of the court,
the party whose demurrer or plea is so overruled or withdrawn
shall pay to the opposite party the sum of ten dollars, and the
costs thereof, and be in contempt until the said sum of money and
costs are fully paid, unless the court shall otherwise specially
order.

Carroll v. Waring, 3 G & J. 491. Worthington v. Lee, 2 Bl. 685. Bank v.
Dugan, 2 Bl 257. Gilbert v. Arnold, 30 Md 29. Seebold v. Lockner, 30 Md.
133. Collateral Security Bank v. Fowler, 42 Md 393. Trego v. Skinner, 42
Md. 426. Wagner v. Shank, 59 Md. 313. Dennison v. Yost, 61 Md. 139.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 178   View pdf image
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