parts of the answer: Loosey v. Orser, 4 Bosw. 391; Ayres v. Covill, 18 Barb. 260. Though a partial defense must be pleaded, and may be pleaded as a separate defense: Loosey v. Orser, 4 Bosw. 391.

25. First Alleged Cause of Auction.-If the complaint contains more than one cause of action, the answer should indicate to which cause of action each defense is interposed: Kneedler v. Sternbergh, 10 How. Pr. 67. But if the substance of the defense shows to which cause of action it is addressed it is sufficient on demurrer: Willis v. Taggard, 6 Id. 433.

26. For a First Defense.-Where a number of defenses are pleaded in one answer, they must be separately stated and plainly enumerated, and the denials should be distinctly and specifically stated.

27. For a Second Defense.--There is but one safe rule in stating actions or defenses, and that is to indicate distinctly, by fit and appropriate words, where it commences and where it concludes: Lippencott v. Goodwin, 8 How. Pr. 242; see Benedict v. Seymour, 6 Id. 298. But no formal commencement or conclusion is prescribed: Bridge v. Payson, 4 Sandf. 210.

28. Subscription.--The signature of counsel must be attached to an answer in chancery: Davis v. Davidson, 4 McLean, 136.

29. Verification.--A verified answer is defective if neither the answer nor the verification are subscribed: Laimbeer v. Allen, 2 Sand. 648; 2 Code R. 15. The subscription of the verification is, however, sufficient: Hubbell v. Livingston, 1 Id. 63. An answer in chancery which does not show the authority of the justice of the peace before whom it was sworn, if not within the State, is not sufficiently certified: Addison v. Duckett, 1 Cranch. C. Ct. 349. If the complaint is verified, the answer must be also verified.

No. 13.

i. Commencement of Answer-Defendant sued by a wrong name. Defendant, C. D., in the summons and complaint in this action called L. M., answers the complaint herein, and alleges [or denies]:

No. 14.

ii. By an Infant.

Defendant, an infant under the age of.... years, by N. O., his guardian, answers the complaint herein, and alleges [or denies]:

No. 15.

iii. By an Insane Person.

Defendant, Q. R., an insane person [or a person of unsound mind, or an idiot], by S. T., his guardian, answers the complaint herein, and alleges [or denies]:

A. X., one of the above named defendants, and B. X., his wife, for answer to the complaint in this action, allege [or deny]:

30. Construction.-The above must not be understood as an allegation that the parties are husband and wife.

[TITLE.]

No. 17.

v. Separate Answer of Defendant.

The defendant, A. B., answers on his own behalf the complaint herein, and alleges [or denies]:

FORMS OF PETITIONS.

31. Petitions to the court or to a judge of any court, and affidavits taken when there is no proceeding pending, should not be entitled: Haight v. Turner, 2 Johns. 371; People v. Tioga, 1 Wend. 291; People v. Dikeman, 7 How. Pr. 124; compare Whitney v. Warner, 2 Cow. 499; Nichols v. Cowles, 3 Id. 345; Folger v. Hoogland, 5 Johns. 235; Matter of Bronson, 12 Id. 460.

No. 18.

Petition to the Court.

To the Honorable, the District Court of the

Judi

cial District of the State of California [or other court with full designation].

The petition of

shows:

of the city of..

No. 19.

To the Honorable

of the ....

Judicial District, of the State of

California [or other magistrate, giving full official

designation].

The petition of, etc.

PAPERS USED IN COURT PROCEEDINGS.

32. The caption of certain papers used in a proceeding in the Probate Court may be as follows:

No. 20.

Caption of Papers used in proceedings in Probate Courts.

In the Matter of the Estate

of John Doe, deceased.

The petition of, etc.

No. 21.

Probate Court, County of

At a regular term of the District Court of the Judicial District, State of California, held at the City Hall in the city and county of San Francisco, etc.

Present, the Honorable

Judge.

John Doe, of...... [and if there are two deponents, and James Doe, of....., severally], being duly sworn, say [each for himself]:

1. I am the plaintiff [or other description of the deponent].

2. I have, etc. [State facts sworn to.]

33. Affidavit.--It is entirely useless in the affidavit to a pleading to insert the words, "except as to those matters stated on information and belief, and as to those matters he believes it to be true," unless the pleading contains some averment on information and belief. But see Truscott v. Dole, 7 How. Pr. R. 221.

34. Before whom Taken.-Affidavits to be used before any court, judge, or officer of the State (California), may be taken before any judge or clerk of any court, justice of the peace or notary public in this State: Cal. Code, sec. 2012. And an affidavit in which the official character of the justice before whom it is taken does not appear, is good (Ede v. Johnson, 15 Cal. 53), as courts take judicial notice of the official character of justices of the peace in their own States. An affidavit taken in another State of the United States, to be used in this State, may be taken before a commissioner appointed by the Governor of this State to take affidavits and depositions in such other State, or before any notary public in another State, or before any judge or clerk of a court of record having a seal: Code C. P., sec. 2013. An affidavit taken in a foreign country, to be used in this State, may be taken before an embassador, minister, consul, vice-consul, or consular agent of the United States, or before any judge of a court of record having a seal, in such foreign country: Id. 2014. When an affidavit is taken before a judge or a court in another State, or in a foreign country, the genuineness of the signature of the judge, the existence of the court, and the fact that such judge is a member thereof, must be certified by the clerk of the court, under the seal thereof: Id. 2015.

35. Date. The jurat should state the day on which it was sworn: Doe v. Roe, 1 Chitt. R. 228; 18 Eng. Com. L. R. 69. Unless it is shown, when the objection is raised, that it was sworn in due season for its purpose. So held where it was shown by the opposing affidavit that the oath was taken before the judgment was entered: Schoolcraft v. Thompson, 7 How. Pr. 446.

36. Entitling Affidavit. Of course, when there is no proceeding pending, the affidavit must not be entitled. See Ante, No. 31. Though it has been held that a superfluous title may be disregarded as not affecting the substantial rights of the party: Pindar v. Black, 4 How. Pr. 95. 37. Jurat.-The jurat should be in a special form where deponent is illiterate: Tidd. Pr. 495; 3 Moult. Ch. Pr. 551. Or blind: Matter of Christie, 5 Paige, 242; see, also, Matter of Cross; 2 Ch. Sent. 3. Otherwise the common form is sufficient: Fryatt v. Lindo, 3 Edw. 239. It, however, seems to be sufficient if a party hears the paper read and swears he knows its contents.

38. Names of Deponents.-The names of all the deponents should be mentioned: Anonymous, 2 Chitt. R. 19; 18 Eng. Com. Law. R. 235.

39. Place. The jurat need not specify the place where it was sworn, as the venue sufficiently shows it: 1 Tidd's Pr. 496; Mosher v. Heydrick, 45 Barb. 594; 1 Abb. Pr. N. S. 258; 30 How. Pr. 161; Belden v. Devoe, 12 Wend. 223; Manuf. and Mech. Bk. v. Cowden, 3 Hill, 461.

40. Severally Sworn.-The affidavit should show that they were severally sworn: Pardoe v. Territt, 5 M. & G. 291; 44 Eng. Com. L. R. 159; Kincaid v. Kipp, 1 Duer, 692; 11 N. Y. Leg. Obs. 313.

41. State and County.-It has been held that the omission of the venue from an affidavit is fatal. The venue is an essential part of every affidavit,

and prima facie evidence of the place where it was taken: Lane v. Morse, 6 How. Pr. 394: Cook v. Staats, 18 Barb. 407; compare Parker v. Baker, 8 Paige 428: Barnard v. Darling, 1 Barb. Ch. 218. This certainly cannot be laid down as the rule with all classes of affidavits. If by the venue it appears that the affidavit was taken at a place beyond that where the officer was authorized to act, it will not be received by the court: Davis v. Rich, 2 How. Pr. 86; Sandland v. Adams, Id. 127; Snyder v. Omstead, Id. 181. But it is no objection that it does not appear that the affidavit was sworn to within the limits of the city for which the commission was appointed. The court will not presume the contrary: Parker v. Baker, 8 Paige, 428. An affivavit, notice, or other paper, without the title of the action or proceeding in which it is made, or with a defective title, is as valid and effectual for any purpose as if duly entitled, if it intelligibly refer to such action or proceeding: Cal. Code C. P., sec. 1046.

42. Subscription.-The affidavit should be subscribed by deponent or deponents: 1 Newl. Ch. Pr. 165; Hathway v. Scott, 11 Paige, 173; overruling in effect, Haff v. Spicer, 3 Cai. 190; Col. & C. Cas. 495; and Jackson v. Virgil, 3 Johns, 540, which held that if an affidavit begins with the name of the deponent, and appears to have been duly sworn to before a proper magistrate, it is sufficient, without the signature of deponent; see also Ede v. Johnson, 15 Cal. 57.

43. Subscription to Jurat.-The jurat must be subscribed by the officer, with his official addition: Ladow v. Groom, 1 Den. 429; Jackson v. Stiles, 3 Cal. 128. Compare, as to addition, Hunter v. Le Conte, 6 Cow. 728. An affidavit should show upon its face that it was made before some officer competent to take affidavits: Lane v. Morse, 6 How. Pr. 395.

44. That I am, etc.—The description or residence of deponent should be directly alleged, as above: Steinbach v. Leese, 27 Cal. 298: Exp. Bank of Monroe, 7 Hill. 177; Cunningham v. Goelet, 4 Den. 71; Staples v. Fairchild, 3 N. Y. (3 Comst.) 41; Payne v. Young, 8 N. Y. (4 Seld.) 158; compare People v. Ranson, 2 N. Y. (2 Comst.) 490.

State of....

County of..

I, S. T., clerk of the County Court of said county of. . . . . do hereby certify that O. P., before whom the above affidavit was taken, is a judge of the County Court [or other title], which is a court of record of said State [or county, as the case may be], having a seal, existing pursuant to the laws thereof, in and for said county [or country, district, or otherwise], and that he is duly qualified and commissioned as such, and that the subscription to the same is his genuine signature.

Witness my hand, and the seal of said court, at........, this....day of .....,

187..

[SEAL.]

S. T.,

County Clerk.