|
PLEADINGS, PRACTICE AND
PROCESS AT LAW.
1. What in general they shall be.
I.
Pleadings.
2. Facts only to be stated.
3. Plain statement of facts to be sufficient.
4. Distinction in pleadings by reason of
seal (with certain exceptions) abol-
ished; joinder of counts; one form
of action — assumpsit; general issue
plea; set-off; proviso as to limita-
tions.
5. Formal conclusions and terminations
to be unnecessary.
6. Statement of time and place, when un-
necessary.
7. Special demurrers abolished.
8. General demurrer allowed, when.
9. Demurrer, specific grounds required and
affidavit not for delay where speedy
judgment provisions prevail.
10. Pleading over after demurrer overruled
to be permitted without waiver oi
demurrer.
11. For what defects judgment shall not be
arrested.
12. As many several matters to be pleaded
throughout the pleadings as parties
think necessary; departure.
13. Upon dilatory plea being overruled,
defendant may plead over without
withdrawing dilatory plea, and upon
appeal, ruling on such plea may be
reviewed.
14. Non est factum to be sworn to; in
what cases and how oath may be
dispensed with.
15. Same persons may sue and be sued on
sealed instrument as might sue and
be sued thereon but for seal.
|
16. In suits ex Contractu or upon judg-
ment, defendant may plead specially
liquidated or unliquidated claim of
same nature, whether available by
recoupment or not.
17. When set-off is pleaded, judgment may
be given for excess of one claim over
other if such excess supports judg-
ment; otherwise excess basis of judg-
ment in lower court.
18. Suit at law may be maintained on lost
negotiable instrument; procedure in
such cases.
19. Truth may be given in evidence on
general issue in criminal prosecutions
for libel.
20. Breaches in suits on bond of clerks and
registers; how suggested.
21. Plea non damnificatus not received
in such suits.
22. Execution on forfeited recognizance.
23. Pleadings upon return of execution in
such cases.
24. Payment of money into court, in what
cases allowed.
25. Replications to plea of payment into
court; further proceedings in such
cases.
26. Patented names of lands need not be
stated; substantial description of
lands sufficient.
27. Suits against insurance, surety or bond-
ing companies.
Forms of Pleadings.
28. Forms given to be sufficient ; substance
only need be expressed; form of
commencement and conclusion of
declarations.
Sub-sees. 1-25. Statement of causes of
action on contracts.
Sub-sec. 26. On bill obligatory or bond.
|
