|
I.
Pleadings.
10A. Upon dilatory plea being over-
ruled, defendant may plead over
without withdrawing dilatory
plea, and upon appeal, ruling on
such plea may be reviewed.
11A. Same persons may sue and be
sued on sealed instrument as
might sue and be sued thereon
but (or the seal.
12. In suits est contractu or upon
judgment, defendant may plead
specially liquidated or unliqui-
dated claim of same nature,
whether it was available by re-
coupment or not.
13. When set-off is pleaded, judgment
may be given for excess of one
claim over the other if such ex-
cess supports judgment; other-
wise such excess is basis of judg-
ment in court of lower jurisdic-
tion.
Forms of Pleadings.
24, sub-sec. 107. Common law or statu-
tory forms may be used; bill of
particulars, when may be re-
quired ; cause of action filed with
declaration under Speedy Prac-
tice Act treated as one of the
pleadings and plaintiff restricted
to items therein.
|
II. PRACTICE.
Continuance.
70A. During session of Legislature,
cases of attorney who is a mem-
ber thereof, shall be continued
unless such attorney waives this
section.
Legal Sufficiency of Evidence.
91A. No question as to sufficiency of
pleadings which might have been
raised by demurrer shall be
raised by prayer ; proviso.
Removal of Causes.
I09A. Payment for transcript in re-
moved cases.
111A. Copy of docket entries to be for-
warded to court in which case
entered.
III.
Process.
144A. Writs returned not executed ; re-
newal.
Non-Pros.
173. Call of plaintiff before verdict,
abolished. Plaintiff may take
non pros, until argument on
facts begins ; where "set-off" is
pleaded, defendant may take
non pros, as to.
|
