RULES AND FORMS

FOR MAKING UP RECORDS OF

JUDGMENTS,

UNDER THE PRACTICE ACT.

Prepared by the Judges of the Superior Court especially for the use of

1880.

for an injunction and damages; trial to the jury, 10

against several parties to a bill of exchange; and
on cross-complaint between co-defendants,

3. Note of reference to recent changes in rules, as to duties of clerks,

18

18

RULES.

I.

Findings.

SEC. 1. When all the material allegations put in issue in any action, whether brought for legal or for equitable relief, are found for either plaintiff or defendant, the finding of the issues for the plaintiff or defendant, as the case may be, (reference being made to the pleadings), will be deemed equivalent to a finding that all his material allegations, which were put in issue, are true, and will be a sufficient compliance with Section 30 of the Act.. But where only a part of the material allegations put in issue by the pleadings are found for the prevailing party, the judgment must indicate the particular facts that are found.

Sec. 2. Under the Practice Act and Rule IV, Sec. 10, the same allegation cannot be both answered and demurred to, at the same time; and therefore no general finding, as to any particular pleading, that it is "untrue and insufficient," will be admissible, in any case. If part of any pleading is demurred to and found insufficient, and the rest denied, and found untrue, the finding must pursue the pleadings, and answer each issue separately.

Sec. 3. When either party requests a finding specially setting forth the facts, on which the final judgment is founded, and any one of such facts is simply a bare conclusion of law from more detailed or subordinate facts, as, for instance, in cases of con