$142. The complaint shall contain:

1. The title of the cause, specifying the name of the court in which the action is brought, the name of the county in which the plaintiff desires the trial to be had, and the names of the parties to the action, plaintiff and defendant;

2. A plain and concise statement of the facts constituting a cause of action without unnecessary repeti tion;

3. A demand of the relief, to which the plaintiff supposes himself entitled. If the recovery of money be

demanded, the amount thereof shall be stated.

$143. The only pleading on the part of the defendant, is either a demurrer or an answer. It must be served within twenty days after the service of the copy of the complaint.

$144. The defendant may demur to the complaint, when it shall appear 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.

$145. The demurrer shall distinctly specify the rounds of objection to the complaint. Unless it do so,

it may be disregarded. It may be taken to the whole complaint, or to any of the alleged causes of action stated therein.

§ 146. If the complaint be amended, a copy thereof must be served on the defendant, who must answer it within twenty days, or the plaintiff upon filing with the clerk on proof of the service, and of the defendant's omission, may proceed to obtain judgment, as provided by section 246, but where an application to the court for judgment is necessary, eight days' notice thereof must be given to the defendant.

$147. When any of the matters enumerated in section 144 do not appear upon the face of the complaint, the objection may be taken by answer.

§ 148. If no such 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.

§ 149. The answer of the defendant must contain: 1. A general or specific denial of each material alle gation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief;

2. A statement of any new matter constituting a defence or counter-claim, in ordinary and concise language, without repetition.

150. The counter-claim mentioned in the last sec

tion, 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 one of the following causes of action:

1. A cause of action 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;

2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.

The defendant may set forth by answer, as many defences and counter-claims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both. They must each be separately stated, and refer to the causes of action which they are intended to answer, in such manner that they may be intelligibly distinguished.

§ 151. The defendant may demur to one or more of several causes of action stated in the complaint, and answer the residue.

$152. Sham and irrelevant answers and defences may be stricken out on motion and upon such terms as the court may in their discretion impose.

$153. When the answer contains new matter, constituting a counter-claim, the plaintiff may, within twenty days, reply to such new matter, denying generally or specifically each allegation controverted by him, or any knowledge or information thereof sufficient to form a belief; and he may allege, in ordinary and concise language, without repetition, any new matter not incon

sistent with the complaint, constituting a defence to such new matter in the answer, and the plaintiff may, in all cases, demur to an answer containing new matter, where upon its face it does not constitute a counterclaim or defence; and the plaintiff may demur to one or more of such defences or counter claims, and reply to the residue of the counter claims,

And in other cases, when an answer contains new matter, constituting a defense by way of avoidance, the court may, in its discretion, on the defendant's motion, require a reply to such new matter; and in that case, the reply shall be subject to the same rules as a reply to a counter claim.

$154. If the answer contain a statement of new matter constituting a counter-claim, and the plaintiff fail to reply or demur thereto within the time prescribed by law, the defendant may move, on a notice of not less than ten days, for such judgment as he is entitled to upon such statement, and if the case require it, a writ of inquiry of damages may be issued.

155. If a reply of the plaintiff to any defence set up by the answer of the defendant be insufficient, the defendant may demur thereto, and shall state the grounds thereof.

§ 156. Every pleading in a court of record must be subscribed by the party, or his attorney; and when any pleading is verified, every subsequent pleading, except a demurrer, must be verified also

§ 157. The verification must be to the effect, that the same is true to the knowledge of the person making it

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except as to those matters stated on information and belief and as to those matters he believes it to be true, and must be by the 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 the county where the attorney resides, and capable of making the affidavit. The affidavit may also be made by the agent or attor ney, 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 attor ney, 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 knowl edge, 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 state 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 prose cution for felony. And no pleading can be used in a criminal prosecution against the party, as proof of a fact admitted or alleged in such pleading.

§ 158. It shall not be necessary for a party to set forth in a pleading, the items of an account therein alleged: but he shall deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, which if the pleading is verified, must be verified by his own oath, or that of his agent or attor ney, if within the personal knowledge of such agent

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