158

LAWS OF MARYLAND.

Joinder of is-
sue.

99. Either party may plead, in answer to the plea
or subsequent pleading of his adversary, that he joins
issue thereon, which joinder of issue may be as fol-
lows, or to the like effect :
"The plaintiff joins issue upon the defendant's 1st,
&c., (specifying what or what part) plea ;"
"The defendant joins issue upon the plaintiff's
replication to the 1st, &c., (specifying what) plea;"
And such form of joinder of issue shall be deemed
to be a direct denial of the substance of the plea or
other subsequent pleading, and an issue thereon.

Add a joinder
of issue.

100. Whenever any particular fact is selected anil
directly denied, as well as where all the facts are di-
rectly denied, by any pleading, the party to plead1
next shall merely add a joinder of issue.

Where issue
on rejoinder is
the name in
substance, as
on the plea.

101. Whenever a defendant cannot take any new
or other issue in his rejoinder than the matter he has
pleaded, without a departure from his plea, or where
the issue on the rejoinder would be the same in sub-
stance, as on the plea, the plaintiff shall, in his repli-
cation, plead that he joins issue on the defendant's
plea, and may add a joinder of issue for the defen-
dant.

Opposite par-
ty may have
judgment.

102. If a traverse be taken upon an immaterial al-
legation, that is, on matter which is either irrelevant
or insufficient in law, or matter which is only intro-
ductory or explanatory, or matter of aggravation, the
opposite party may have judgment as for want of a
plea.

No more of
an allegation
shall be tra-
versed than is
material.

103. No more of an allegation shall be traversed
than is material. The circumstances, which though
forming a part of the allegation, are immaterial to the
merits of the action, must not be traversed, and if
traversed, the traverse shall upon motion be corrected,
the party so traversing paying costs.

Not necessa-
ry to verify the
truth of any
plea.

104. It shall not be necessary for the defendant to
verify the truth of any plea, except dilatory pleas,
by affidavit or affirmation; nor being heir, executor,
or administrator, to obtain leave of the court to put
in a plea denying that the alleged deed, in the suit,
is not the deed of the ancestor, testator, or intes-
tate.

ARTICLE 7TH.

OF NEW ASSIGNMENT.

Evasive plea.

105. Where the defendant pleads an evasive plea,
either as to the whole or a part of the cause of action