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Court issues first tried.

Separate trials as to

RULES UNDER THE PRACTICE ACT.

SEC. 2. If some, but not all, of the issues in a cause are put to the jury, the remaining issue or issues shall be tried first, unless the court otherwise direct.

SEC. 3. The Court may, upon motion, for special cause, order some of the a separate trial between the plaintiff, or one or more of several parties. plaintiffs, and the defendant, or one or more of several defendants.

Admission of execution of docu

ment.

Judgment where equit

is tried to the jury.

SEC. 4. An admission of the existence and due execution of a document, in the manner provided for in Section 25 of the Practice Act, shall not be deemed to waive any just exceptions to its competency or relevancy, but shall, unless otherwise expressed, be deemed to include an admission of its delivery, and that it has not since been altered.

SEC. 5. Where a complaint, embracing matters calling for both able matter equitable and legal relief, is tried to the jury, either by agreement of the parties, or order of Court under Section 23 of the Practice Act, the Court may render such judgment, not inconsist ent with the verdict, as it may deem proper, either for legal or equitable relief, or both.

Prayer for relief, mis

SEC. 6. Upon a default, the plaintiff can have no greater relief conceived. than that demanded in his complaint, but in any other case the Court may, in its discretion, upon a proper amendment, grant him any other relief consistent with the case made on the trial, and embraced within the issue.

Judgment for part of parties.

SEC. 7. In all cases not pending before a justice of the peace, several joint whether the relief sought be legal or equitable in its nature, judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants, and the Affirmative Court may determine the ultimate rights of the parties on each fendants. side, as between themselves, and grant to the defendant any affirmative relief to which he may be entitled.

relief to de

Costs, when legal and

matters are heard together.

SEC. 8. Where legal and equitable matters or claims for relief, equitable arising out of the same transaction, or transactions connected with the same subject of action, are joined in the same complaint, or where any pleading setting forth a matter which, before the adoption of the Act, would have been cognizable only at law, is met by setting up some equitable matter, either by itself, or in connection with a legal defense, the costs upon the whole case shall be at the discretion of the Court; but where legal and equitable causes of action, which are wholly unconnected with each other, are joined in the same complaint, the costs upon the judg ment on the equitable causes of action, only, shall be discretionary.

RULES UNDER THE PRACTICE ACT.

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IX.

Rules of construction.

suits.

SECTION 1. Nothing in these Rules shall be construed as giving Justice justices of the peace jurisdiction over any equitable cause of action or defense. SEC. 2. The word "may," as used in the Practice Act or in these Rules, shall in no case be construed as imperative.

"" not

"May to mean "must."

sanctioned.

SEC. 3. The Forms accompanying these Rules may be used, Forms and shall be deemed sufficient, in all cases to which they are applicable; subject to the right of the party to amend, and of the Court to order fuller or more particular statements, under Section 9 of the Practice Act.*

construc

SEC. 4. The Practice Act shall be favorably and liberally con- Favorable strued, as a remedial statute; and shall not be affected by the tion of Prac doctrine that statutes in derogation of the common law are to be strictly construed.

* In resorting to these forms for actions before justices of the peace, it must be borne in mind that, under Section 7 of the Practice Act, and Section 1 of this Rule, none of the forms can be used in which equitable matters are introduced; but all the other forms will be found applicable, either directly or by way of analogy.

tice Act.

FORMS OF PROCEDURE

ADOPTED BY THE JUDGES OF THE SUPERIOR COURT,

UNDER THE PROVISIONS OF

THE THIRTY-THIRD SECTION OF THE

PRACTICE ACT.*

I.

COMPLAINTS.

1.

Full form, with writ, in action for money lent; two counts.

To the sheriff of the county of Hartford, his deputy, or either constable of the town of Hartford in said County-GREETING:

By authority of the State of Connecticut, you are hereby commanded to attach, to the value of dollars, the goods or estate of A. B. of Windsor, in said county, and him summon to appear before the Court of Common Pleas to be held at Hartford, in and for the County of Hartford on the first Monday of February, 1880, then and there to answer unto C. D. of said Hartford, in a civil action, wherein the plaintiff complains and says:

First Count.

1. The plaintiff, on January 1st, 1877, lent to the defendant $200, to be repaid thirty days thereafter.

2. The defendant has not paid said sum, though said thirty days have elapsed.

*See Rule IX, Sec. 3, page 21.

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COMPLAINTS:-For several causes of action: account.

6.

On a note, and also for the reformation of a

First Count.

lease.

[Same as first count in preceding form.]

Second Count.

1. [Same as first paragraph of second count in preceding form.] 2. The agreement, pursuant to which said lease was executed, was for a lease of said house for two years only.

3. In drawing said lease, the scrivener, by mistake, made the term of the lease five years, instead of two.

4. The plaintiff, relying upon the accuracy of the scrivener, did not read the lease, nor discover this change until January 1st, 1879, when he notified the defendant thereof, and requested him to join in an indorsement on the lease, or other suitable writing, to rectify the error.

5. The defendant then and ever since has refused to join, in any way, in rectifying the error.

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To recover on a merchant's account.

1. The plaintiff being a merchant doing business in the city of New Haven, did between January 1st, 1878, and January 1st, 1879, sell and deliver to the defendant sundry parcels of goods, under an agreement between the parties that the plaintiff should charge the defendant the goods so sold at reasonable prices, and that the defendant should pay the plaintiff the amount due on such account on demand.

2. The amount due on the account charged in conformity with said agreement on February 1st, 1879, was and still is $500.

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