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The Maryland Code Public General Laws, 1904
Volume 393, Page 426   View pdf image (33K)
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426 CHANCERY. [ART. 16

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.

1888, art. 16, sec. 142. Rule 23.

155. The defendant shall make answer to all the material
allegations of the bill, except as hereinafter provided; and the
answer shall be divided into paragraphs, numbered consecu-
tively, each paragraph containing, as near as may be, a separate
and distinct averment. The rule, that if the defendant submits
to answer, he shall answer fully to all the matters of the bill,
shall not apply in cases where he might, by plea or demurrer,
protect himself from such answer and discovery. And the
defendant shall be entitled in all cases, by answer, to insist
upon all matters of defence in law or equity, to the merits of
the bill, of which he may be entitled to avail himself by a
demurrer, or plea in bar; and in such answer he shall not be
compellable to answer any other matters than he would be com-
pellable to answer and discover upon filing a demurrer or plea
in bar, and an answer in support of such plea, touching the
matters set forth in the bill to avoid or repel the bar or defence.
Thus, for example, a bona fide purchaser, for a valuable consid-
eration, without notice, may set up the defence by way of
answer, instead of plea, and shall be entitled to the same
protection, and shall not be compellable to make any further
answer or discovery of his title than he would be required to
make in an answer in support of such plea.

Ibid sec. 143. Rule 24.

156. Special interrogatories to the defendant shall not be
incorporated in the bill or petition, but shall be appended,
thereto; and they shall be divided as conveniently as may be,
and numbered consecutively. And if there be more than one
defendant, and the interrogatories are not intended to be
answered by all, it shall be designated which defendant is
required to answer the several interrogatories. And in like
manner and form, any defendant shall be entitled to file inter-
rogatories to any of the plaintiffs, after he shall have put in his
answer to the bill; and such interrogatories, either to plaintiff
or defendant, and the answers thereto, shall be deemed part of
the pleadings in the cause. Notice by service of copy, or other-
wise, shall be given to the party required to answer, who shall
answer within thirty days from the time of service, unless the
time, for cause shown, be extended by special order; and
answers to such interrogatories may be compelled by attach-
ment.


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 426   View pdf image (33K)
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