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148
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LAWS OF MARYLAND.
CHAPTER 2ND.
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GENERAL RULES OF PLEADING APPLI-
CABLE TO ALL CASES.
FUNDAMENTAL RULE.
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Pleading.
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34. The pleadings shall be so conducted, as to
evolve upon the record by the effect of the allega-
tions themselves, the questions of law and of fact
disputed between the parties, and present them as
the subject matter agreed upon for decision.
TITLE FIRST.
RULES WHICH BRING THE PARTIES TO
AN ISSUE.
GENERAL RULE.
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Cases of ac-
tion stated in a
declaration.
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35. The plaintiff shall first state his cause of ac-
tion in a declaration. After the declaration, the
parties shall, at each stage, demur, or plead by way
of traverse, or by way of confession and avoidance.
And in case a party does neither, but confesses the
right of the adverse party or says nothing, the court
shall give judgment for the adverse party.
ARTICLE 1ST.
OF DEMURRER.
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May object
by demurrer.
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36. Either party may object by demurrer to the
pleading of the opposite party, on the ground that
such pleading does not set forth sufficient ground of
action, defence, or reply, as the case may be. But
no pleading shall be deemed insufficient for any de-
fect which could heretofore only be objected to by
special demurrer, nor for the violation of any rule
hereinafter prescribed which relates only to form,
unless specially provided for.
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Demurrer
shall express.
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37. Every demurrer shall particularly express the
causes of the same, not in general terms, but in a
specific statement of some point of law showing in
what respect the pleading is insufficient in substance.
And the form of a demurrer shall be as follows, or to
the like effect:
"The defendant (or plaintiff) by his attorney (or
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