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The Maryland Code Public General Laws, 1904
Volume 393, Page 1646   View pdf image (33K)
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1646 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

v. Sasscer, 8 Md. 374. Kunkel v. Spooner, 9 Md. 462. Williams v. Banks,
19 Md. 23. W. & B. T. R. v. State, 19 Md. 241. See cases collected under
article 57, section 1.

51. That before this action he satisfied and discharged the
plaintiffs claim by payment.

Geiser v. Kershner, 4 G. & J. 305. Hardy v. Coe, 5 Gill, 189. Jones v.
Ricketts, 7 Md. 116 Campbell v. Booth, 8 Md. 107. Booth v. Campbell,
15 Md. 569. Brown v. Rowles, 21 Md. 11. Oberndorf v. Union Bank, 31
Md. 132. Maddux v. Bevan, 39 Md. 485. Loney v. Bailey, 43 Md. 10.
Loney v. Bailey, 45 Md. 447. Rohr v. Anderson, 51 Md. 205. Ingersoll v.
Martin, 58 Md. 74.

52. That the plaintiff is indebted to the defendant in an
amount equal to (or greater than) the plaintiff's claim, for
(insert the cause of set-off as in a declaration) which amount
the defendant is willing to set-off against the plaintiff's claim.

53. That after the alleged claims accrued, and before suit,
plaintiff, by deed, released the defendant therefrom.

Patapsco Co. v. Smith, 6 H & J. 166. Bowers v State, 7 H & J. 32.
Clopper v. Union Bk., 7 H. & J. 103. Wyman v. Gray, 7 H. & J. 409. Glenn
v. Smith, 2 G. & J. 493. Moale v. Hollins, 11 G. & J. 11. Jones v Ricketts,
7 Md. 117. Gott v. State, 44 Md. 341. Ingersoll v Martin, 58 Md. 74.

54. That at the circuit court for ———— county, ———— term,
the plaintiff recovered judgment against the defendant for the
sum of ———— dollars and ———— cents, and ———— dollars
for costs; and that said judgment was rendered on the same
cause of action mentioned in the plaintiff's declaration, and is
still a subsisting judgment.

Shafer v. Stonebraker, 4 G. & J. 360. Whitehurst v. Rogers, 38 Md. 518.

55. That he was discharged as an insolvent debtor by the
circuit court for ———— county (or court of common pleas), on
the ———— day of ————, and that the alleged claim accrued
before the filing of his petition.

56. That he applied by petition as an insolvent debtor to
the circuit court for ———— county (or court of common pleas),
on the ———— day of ————, and the proceedings under the
petition are still pending; and that the alleged claim accrued
before the filing of his petition.

57. A defendant may plead, as in the above form, that he
has applied, by petition as an insolvent debtor, to the proper
court, and that the proceedings under his petition are still


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1646   View pdf image (33K)
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