ART. 75] EQUITABLE PLEAS—EXTENDING JUDGMENTS. 1675

avoid such plea upon equitable grounds; provided, that such
replication shall begin with the words : "For replication on
equitable grounds," or words to the like effect.

1888, art. 75, sec. 85. 1888, ch. 547.

88. In case it shall appear to the court that any such equit-
able plea or equitable replication cannot be dealt with by a
court of law so as to do justice between the parties, it shall be
lawful for such court to order the same to be struck out on
such terms as to costs and otherwise as to such court may
seem reasonable.

Williams v. Peters, 72 Md. 584. Taylor v. State use of Miller, 73 Md.
208. Miles & Brattan v. State use of Byrd, 73 Md. 397. Crocker v. Hopps,
78 Md. 264. Park Association v. Shartzer, 83 Md. 13. Shartzer v. Park
Asso., 86 Md. 338. Robey v. State use of Mallery, 94 Md. 71.

Extending Judgments.

Ibid. sec. 86. 1860, art. 15, sec. 62. 1794, ch. 46. 1864, ch. 175.

89. In all cases in any action on any promissory note, bill,
bond or open account in which an interlocutory judgment or
judgment by default has been or shall hereafter be entered in
any of the courts of this State whereby the right of the plain-
tiff is established but the damages sustained by him are not
ascertained, the judge of the court where such judgment is,
on motion of the plaintiff or of his attorney and the production
to him of the promissory note, bill of exchange, bond, record
or writing obligatory upon which the suit was brought, or
upon legal and satisfactory proof of the correctness and
amount of the claim where the suit was brought to recover a
debt due upon open account, shall assess the damages and
order the judgment to be extended for the amount so found to
be due, and interest on the same till paid, and costs of suit.
In all other cases in which an interlocutory judgment or judg-
ment by default has been or shall hereafter be entered, the
judge of the court where such judgment is, shall, on motion
of the plaintiff or his attorney, make an order in the nature
of a writ of inquiry, to charge the jury in attendance in such
court to inquire of the damages and costs sustained by the
plaintiff in such action, which said inquiry shall be made and
the evidence given in open court in the same manner and
under the same regulations as in other jury trials; and after
the said jury, charged as aforesaid, shall have considered
thereof, they shall forthwith return their inquisition under