ART. 16] PLEADING, PRACTICE AND PROCESS. 425
bill, or discovery or relief," stating the particular part or parts
demurred to, and the special grounds of the demurrer.
Wagoner v. Wagoner, 76 Md. 311. Williams v. Harlan, 88 Md. 7.
1888, art. 16, sec. 137. Rule 19
150. The plaintiff may set down the demurrer or plea to be
argued, or he may take issue on the plea. If, upon an issue,
the 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.
Ibid. sec. 138 Rule 20
161. If the plaintiff shall 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.
Ibid. sec. 139. Rule 21.
152. If, upon the hearing, any demurrer or plea shall be
allowed, the court may, in its discretion, upon motion of the
plaintiff, allow him to amend his bill upon such terms as it
shall deem to be reasonable.
Ibid. sec. 140. Rule 22.
153. 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 and delay, the defendant shall
be required to answer the bill, 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 confesso, and the matter thereof proceeded in
and decreed accordingly; and such decree shall also be made
when the court or judge thereof shall be satisfied that the plea
or demurrer was interposed for vexation or delay merely, and
is frivolous or unfounded.
Ibid. sec. 141. 1860, art. 16, sec. 102. 1785, ch. 72, sec. 25. 1888, ch. 486.
154. Upon any plea or demurrer being overruled, upon
argument or otherwise, or being withdrawn without leave of the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withdrawn shall pay to the opposite party the sum of ten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. Bank v. Dugan, 2 Bl. 257. Worthing-
ton v. Lee, 2 Bl. 685 Gilbert v. Arnold, 30 Md. 29. Seebold v. Lockner,
|
|