Moritz v. Church of Jesus Christ of the Latter Day Saints

Per Curiam : This appeal requires us once more to repeat the import of Maryland Rule 605 a. The appellant, Ernest Moritz, brought an action in the Circuit Court for Baltimore County (MacDaniel, J.) against The Church of Jesus Christ of the Latter Day Saints, the church’s architect Lon Overton, and a general contractor, William H. Sands, Inc. The dispute arose out of an agreement whereby Moritz, a civil engineer, was to provide certain mechanical and electrical specifications for a Mormon chapel being designed by Overton. The bill of complaint prayed an injunction and declaratory relief. Two of the defendants, Sands and the church, demurred to the bill of complaint; Overton answered.

After a hearing Judge MacDaniel sustained both demurrers, granting, however, thirty days leave to amend the bill of complaint but only as to the church. Subsequently Moritz filed an amended bill, eliminating Sands as a defendant, to which the church again demurred. Following a second hearing Judge MacDaniel wrote: “It is this court’s opinion that the aforesaid Amended Bill of Complaint as to the aforesaid Church is bad in substance and insufficient in law and, therefore, the court sustains the De ²²² murrer without leave to amend as against The Church of Jesus Christ of the Latter Day Saints. “The case will then proceed on