176 CHANCERY—PLEADING, PRACTICE, PROCESS. [ART. 16.
the suit; and the same rule shall apply to all answers and pleas
filed by defendants; and if this rule be violated, the unnecessary
or improper matter or averments may be stricken out at the
cost of the party introducing the same.
Rule 14.
132. All bills and petitions in the introductory part thereof
shall contain the names of all the parties, plaintiffs and defen-
dants, by and against whom the suit is brought. The form shall
be substantially as follows :
IN THE CIRCUIT COURT FOR COUNTY.
A B, Plaintiff,
against
C D, Defendant,
To the Honorable the Judges of said Court :
Your orator, complaining, says:
1. That, &c., making each paragraph contain a succinct but a
complete statement of fact.
Rule 15.
133. All bills and petitions shall be divided into paragraphs,
as indicated in the preceding section, and be consecutively num-
bered, and shall contain simply a statement of the facts upon
which the plaintiff asks relief, and, at his option, the facts which
are intended to avoid an anticipated defence, and such averments
as may be necessary, under the rules of equity pleading, to entitle
the plaintiff to relief; and the prayer for relief shall specify
particularly the relief desired, and shall also contain the prayer
for general relief. And if an injunction, or other writ, or any
special order, be required, pending the suit, it shall be specially
prayed for; the several subjects of the prayer being formed into
distinct paragraphs, and consecutively numbered. The ordinary
or formal combination clause, the allegations of the want of
remedy at law, and similar formal averments, shall be omitted;
nor shall it be necessary to pray that the defendants be required
to answer, unless it be desired that they shall answer under oath,
or there be special interrogatories appended to the bill to be
|
|