Maryland Casualty Co. v. Dupree

The complaint, in two counts, was for the breach of a bond and a common count in assumpsit.

The motion for the transfer to the equity side of the court to enable the defendant to assert an equitable defense was denied on the ground that such equitable defense in the nature of subrogation could be interposed and tried in the pending action at law. The pleading was in short by consent, as follows: “It is agreed between the parties in the above-captioned case, that the defendant may plead in short by consent all defenses appropriate to the causes of action stated in the several counts of the…