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CHAPTER 82.

OF PLEADINGS IN CIVIL ACTIONS.

SECTION 1. Forms of pleading inconsistent with this

Code abolished.

2. 2

} What pleadings allowed.

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SECTION 30. How pleadings shall be construed. 31. Redundancy may be strickea out, and

pleadings may be made certain by

amendment. 32.) The genuineness and execution of cer

tain instruments admitted unless de 33. nied on oath. 34. All fictions abolished. 35. How a judgment may be pleaded. 36. How conditions precedent may be

pleaded. 37. How a private statute may be pleaded. 38. How libel and slander may be stated in

the complaint. 39. Answer in such cases. 40. 41. 42. When allegations not denied, to be

} When several causes of action may be

deemed true. 43. Qualification and exception to the rule

in case of defendants constructively

summoned. 44. What need not be stated in a pleading 45. If original pleading or paper be lost,

copy may be substituted.

3.
4. What the complaint shall contain.
5. When defendant may demur.
6. Demurrer must specify the ground of

objection.
7. Defendant may demur to the whole or

part. 8. Proceedings when the complaint is

amended. 9. When objection may be taken by answer. 10. When objection is deemed waived. 11. What the answer shall contain. 12. Defendant may set forth as many

grounds of defence as exist. 13. What shall constitute a counter-claim. 14. No action allowed for a counter-claim

not set up 15. Party not to be deprived of counter-claim

or set-off by assignment or death. 16. When set-off can be pleaded. 17. How defendant may bring a new party

into court. 18. Defendants may answer jointly or sever

ally. 19. When plaintiff may demur. 20. What party must deny complaint with

out oath. 21. All defences, except a denial, must be

specially pleaded. 22. When there shall be no reply. 23. When the plaintiff may reply or demur.

MISTAKES IN PLEADING AND AMENDMENTS

47. }

GENERAL RULES OF PLEADING.

24. When pleadings shall be filed.
25. Failure to plead ground for entering

judgment as upon a default, unless for

cause shown. 26. Pleadings; when to be verificd. 27. How pleadings may be verified. 28. Qualification of and exceptions to the

rule of verification. 29. Rule as to items of account.

46. | How material and immaterial vari

ances are provided for. 48. What shall be deemed a failure of prool. 49. Amendments of course. 50. Pleading over after decision on demurrer. 51. What amendments may be allowed by

the court. 52. The court may extend the time allowed

for pleading, and relieve against mis

takes. 53. How an unknown defendant may be

designated. 54. Error or defect not affecting substantial

rights shall be disregarded. 55. Supplemental pleadings allowed. 56. When postponement or continuances

may be allowed.

SECTION 1. All the distinct forms of pleading heretofore existing inconsistent with the provisions of this Code, are abolished; and hereafter the forms of pleading in civil actions in courts of record, and the rules by which the sufficiency of the pleadings is to be determined, shall be those prescribed by this Code.

Sec. 2. The only pleadings on the part of the plaintiff shall be : 1. The complaint; 2. The demurrer; or, 3. The reply. Sec. 3. The only pleadings on the part of the defendant shall be: 1. The demurrer; or, 2. The answer. Sec. 4. The complaint shall contain:

1. The title of the cause ; specifying the name of the court and the names of parties to the action, plaintiff and defendant ;

2. A plain and concise statement of the facts constituting the cause of action, without unnecessary repetition ;

3. A demand of the relief which the plaintiff claims. If the recovery of money or damages be demanded, the amount thereof shall be stated.

Sec. 5. The defendant may demur to the complaint only when it appears upon the face thereof, either

1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; or,

2. That the plaintiff has not legal capacity to sue ; or,

3. That there is another action pending between the same parties for the same cause ; or,

4. That there is a defect of parties, plaintiff or defendant; or, 5. That several causes of action have been improperly united; or,

6. That the complaint does not state facts sufficient to constitute a cause of action.

Sec. 6. The demurrer shall distinctly specify the grounds of objection to the complaint; unless it do so, it may be disregarded.

Sec. 7. The defendant may demur to the whole complaint, or to one or more of several causes of action stated therein, and answer the residue.

Sec. 8. If the complaint be amended, the amendments shall be filed and a copy served upon the defendant, or his attorney, if he has

appeared by attorney ; the defendant shall answer the same within such time as may be prescribed by the court; and if he omit to do so, the plaintiff may proceed to obtain judgment, as in other cases of failure to answer.

Sec. 9. When any of the matters enumerated in section five of this chapter do not appear upon the face of the complaint, the objection may be taken by answer.

Sec. 10. If no objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.

SEC. 11. The answer of the defendant shall contain

1. In respect to each allegation of the complaint controverted by the defendant, a general or specific denial thereof, or a denial thereof according to his information and belief, or of any knowledge thereof sufficient to form a belief;

2. A plain and concise statement of any new matter constituting a defence, counter-claim or set-off, without unnecessary repetition.

Sec. 12. The defendant may set forth in his answer as many grounds of defence, counter-claim, or set-off, as he may have, whether they be such as have been heretofore denominated legal or equitable, or both. They shall be stated separately and refer to the causes of action which they are intended to answer, in any manner by which they may be intelligibly distinguished.

Sec. 13. The counter-claim mentioned in the last preceding section must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action, and arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.

Sec. 14. If any defendant personally served with notice omit to set up a counter-claim arising out of the contract or transaction set forth in the complaint as the ground of the plaintiff's claim, he shall not afterwards maintain an action therefor. If the defendant omit to set up the set-off, he shall not recover costs against the plaintiff in any subsequent action thereon.

Sec. 15. When cross-demands have existed between persons under such circumstances that if one had brought an action against the other, a counter-claim or set-off could have been set up, neither can be deprived of the benefit thereof by the assignment or death of the other, but the two demands must be deemed compensated so far as they equal each other.

Sec. 16. A set-off can only be pleaded in an action founded on contract, and must be a cause of action arising upon contract or ascertained by the decision of the court, held by the defendant at the time suit was commenced, and matured at or before the time it is offered as a set off.

Sec. 17. Where it is necessary for the defendant to bring a new party before the court, he may state the matter relating thereto in his answer, and demand relief; and thereupon a summons shall issue, and other proceedings be had against him, as if such matter had been exhibited in the original complaint,

Sec. 18. Several defendants may answer, jointly or severally, as the facts set forth in the complaint may require.

Sec. 19. When the facts stated in the answer are not sufficient to constitute a cause of defence, the plaintiff may demur to one or more of several defences, under the same rules and regulations as are herein before prescribed for demurring to the complaint. Unless the objection be taken by demurrer it shall be deemed as waived.

Sec. 20. It shall be the duty of the guardian of an infant, or committee of a person of unsound mind, or attorney for a person in prison, to file an answer denying the material allegations of the complaint prejudicial to such defendant, without oath.

Sec. 21. All defences, except the mere denial of the facts alleged by the plaintiff, shall be pleaded specially.

REPLY.

Sec. 22. There shall be no reply, except upon the allegation of a counter-claim or set-off, in the answer.

Sec. 23. When the answer contains new matter constituting a counter-claim or set-off, the plaintiff may reply to such new matter, denying, generally or specifically, each allegation controverted by him; and he may allege, in ordinary and concise language, and without repetition, any new matter, not inconsistent with the complaint, constituting a defence to such new matter in the answer; or

he may demur to the same for insufficiency, stating in his demurrer the grounds thereof; and he may demur to one or more of such defences set up in the answer, and reply to the residue.

GENERAL RULES OF PLEADING.

Sec. 24. The answer or demurrer by the defendant shall be filed on or before the fourth Saturday, and the reply or demurrer by the plaintiff on or before the seventh Saturday, after the return day of the summons or service by publication.

Sec. 25. If from any cause either party shall fail to plead or make up the issues within the time prescribed by law and the rules of the court, the court shall forth with enter judgment as upon a default, unless, for good reasons shown, further time be given for pleading, on the payment of costs occasioned by the delay.

Sec. 26. Every pleading shall be subscribed by the party or his attorney, and when any pleading is verified every subsequent pleading, except a demurrer, must be verified also, except as is provided in the next two succeeding sections.

Sec. 27. The verification must be to the effect that the same is true to the knowledge of the person making it, except as to those matters stated on information and belief, and as to those matters that he believes them to be true, and must be by affidavit of the party, or if there be several parties united in interest and pleading together, by one at least of such parties acquainted with the facts, if such party be within this District and capable of making the affidavit. The affidavit may also be made by the agent or attorney, if the action or defence be founded upon a written instrument for the payment of money only, and such instrument be in the possession of the agent or attorney, or if all the material allegations of the pleading be within the personal knowledge of the agent or attorney. When the pleading is verified by any other person than the party, he shall set forth in the affidavit his knowledge or the grounds of his belief on the subject, and the reasons why it is not made by the party. When a corporation is a party the verification may be made by any officer thereof; and when the United States, or any officer thereof in its behalf, is a party, the verification may be made by any person acquainted with the facts. The verification may be omitted when an admission of the truth of the allegation might subject the party to prosecution for

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