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not conflict with the principles and rules of this code,
shall be provided for upon the analogies of the pro-
visions which seem to bear most upon the matter ;
and of this the court shall judge, whenever any such
pleadings shall have been framed in a cause, and the
question is raised by motion. And if the court shall
determine such pleading to be erroneously framed, it
shall have it corrected; and in such case the costs
of the amendment shall be in the discretion of the
court.
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Laws incon-
sistent with the
provisions of
this code re-
pealed.
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136. All laws so far as they are inconsistent with
the provisions of this code are hereby repealed.
The laws and usages of this State relating to plead-
ing, practice and proceedings in civil actions, so far
as they are not inconsistent with the provisions of
this code, and as far as the same may operate in aid
of those provisions, or to supply any omitted case,
are hereby continued in force.
CHAPTER 3RD.
FORMS OF PLEADINGS.
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Forms to be
used with such
modifications
as may be ne-
cessary to meet
the facts of
each case.
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137. The forms of pleadings which follow, shall
be sufficient; and those and the like forms may be
used, with such modifications as may be necessary to
meet the facts of the case: but nothing herein con-
tained shall render it erroneous or irregular to depart
from the letter of such forms, so long as substance is
expressed without prolixity.
COMMENCEMENT OF DECLARATIONS.
(Venue.) "A. B., by S. T., his attorney, (or in
person, as the case may be,) sues C. D. for, (here
state the cause of action,)"
CONCLUSION OF DECLARATIONS.
"And the plaintiff claims $ —— '' (or if the ac-
tion is brought to recover specific goods,) "the plain-
tiff claims a return of the said goods, or their value,
and $ —— , for their detention."
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