154

LAWS OF MARYLAND.

And shall conclude as follows, or to the like effect :
"And the plaintiff claims $ ——— " (or if the action
is brought to recover specific goods,) "the plaintiff
claims a return of the said goods or their value,
and $ —— , for their detention."

ARTICLE 6TH.

OF PLEADINGS SUBSEQUENT TO THE
DECLARATION.

Where there
are several al-
legations the
opposite party
may traverse
one.

Plaintiff may
have judgment
as by nil dicet.

75. Every pleading must be an answer to the
whole of what is adversely alleged; but where there
are several allegations, each of which is essential to
the support of the pleading, the opposite party may
traverse one, or more of them, as he pleases.

76. Whenever a plea does not answer the whole
declaration, whether it professes to do so or not, the
plaintiff may have judgment, as by nil dicit, against
the defendant, in respect of what is not answered.

Facts not tra-
versed shall
not be taken a
admitted.

Not consider-
ed as admit-
ting sufficien-
cy of law.

77. Every pleading shall be considered as confess-
„ ing such traversable matters alleged on the other
side, as it does not traverse; but facts not traversed
shall not be taken as admitted for any other action
between the same parties, if the present issue be found
for the person traversing.

78. A pleading shall not be considered as admit-
ting the sufficiency in law, of the facts adversely al-
leged.

A traverse
must not be ta-
ken upon mat-
ter in law.

May be taken

upon matter
necessarily
implied.

Part must be
denied as well
as the whole.

79. A traverse must not be taken upon matter of
law; but where a mere legal inference is stated in a
pleading, and the opposite party wishes to deny it,
his course shall be, to demur. But where an allega-
tion is mixed of law and fact, it may be traversed.

80. A traverse must not be taken upon matter not
alleged; but it may be taken upon matter, which
though not expressly alleged, is necessarily implied.

81. Where a part of the facts stated constitute a
cause of action or a defence, the part must be denied
as well as the whole; and if the part be proved it will
be sufficient. And where a sum of money is alleged
to be due, the denial must be that no part of it is due;
and a general denial or a denial that the whole sum
is not due, shall be taken to mean that no part of the
sum is due.

Shall not deny
it generally.

82. Where an allegation, less general than the one
set forth in a pleading, would constitute a cause of
action, or a defence, or a reply, the defendant or