Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-03-29

Toe pr cie* ne utts, and the foi m, o. Pleading
shSii be tlain,simpie uniform The b OF he plaintiff
snA DE address to the C'ur', and contain plain a
concse e men, oil the cause OF action and shall ask
.Juigmen' o. d-cte@ III ,reuson The answ OF The
d. endan' sh, b. plain and coocse sts-m OF hls
whe'e cue I d,enca aud the pleadings sub'e
vueh' 10 INA b u and shall b. accumulated 10
,hose US "a IN Courl OF Chhoc'ry, far they n III
Je conssen' with the proy. Of his act But no
uemn'r sAal be construct to adm the fact demur
1eu W against hs demurrao, unless hs sh all elect
TO admit it, by emitting or refusing TO put the f,ct in
'ssu' or otherwise Plead ng thereto, At the time Of de
muir ns. On demurrer, no bill, answer, or o'her plea
snail be dismissed ASIDE foe Of form, II the
acts therein stated shall b, sufficiently r.in 10 en-.
soe m. Court TO render decree igrs The
should they be true but any bill, answer, other
plea, III so sui ieLy certain shall he with
our ue'ay, under he order OF the Court at the est
tns party amending, an shalt BE- dismissed set
,hs party /, deeu't r'fu'e TO amend but disnis.
son IN such case, shsl not prsudics the me,s Of the
cause OF acton in subs. quent suit. Tbs def nd
may except 10 any irrelevant prefix argum ntaiivs
or inpertnsn' matter which may appear the bill
otner piaadngs OF the pia n,i and thu p ain,if may
VI hse fnner except to any rrsl van, prolix, arg
IN n'anve' or imperineut matter, which may appear
,n IN answer or 9th p sadnys OF tn defendant, and
Soft sna', with ut delay, expunge all such matter
IRON the record. at the cost Of the party in au,t,
saV,S ho"ever, to such party the tight of gre
ns IN. SAM or any part thereof by bill OF
10 mo opinion OF the Curt, to bs taken an sgne
Ts,ore .ne record BE- amended And when in any
immaer'a' ssu-s, to, many i,suss, or doubt sh all
a.'s, VIVA is'us are made in the record, the Court
sna examine The sdipgs dircc., and have entered
on record, what issues shall be tried at The Ju-
shan De sworn to try the same and o here
ne vial oy Ju sh II ext nd to all cases exec ut upoq
tne trial oil bi to pecpetuata testimooy or bin for the
scvefy oil tae, resting in the knowleds, Of the de.
e" 'ah', ueed or otter vii Ing, his Gu toiy and
powe or upon bill Tor IN, settle of sceo,nt. of
exec t7rs, administrators, or other legal reprsssn
,auVes' curators, guardians, committees, or trus.
'ee'' lot me management Of any estate or for thu
etement OF accounts between partners prncipaI and
iactor merchant and merchant distributes OF
estate, or Tor the settlement of such other accounts as
o' DC red by jury without great danger of mis-.
ake or injustice TO either both OF the parties which
cases oil bills for tho perpetuaton of testimony and
@ ior discovery as aforesaid shall be tried and de-
e,neu oy the court; and all OF which cases for the
see"eht OF accounts, as aforesaid, shall be ree red
70 commissioner whose duty il shall be 10 settle
s'ae' and report the same, according to the order OF
reference, with any special matter thought pertinent
ny 'i'"sei or particularly required by either of the
parties. Alter the return of such re ~ort If o;,h.
party snail except TO the principles OH which the ac
counts sha appear to have been settled and stated and
such exceptions be properly taken aud the report
enormously stated and settled the court shall i,ber
correct me report or recomm it, with proper instruc
uons, 10 the same or another Commissioner. But no
Aoepu0ns shaii he taken TO the truth justice of any
aerai iact oritem reported stated in any such re-
port, unless tbs party excepting thereto shall in Mai,
eoh1,se manner set forth the precise facts or items
anu a"eSe that they are untrue unjust, in form and
~ substance as reported by the Commissioner to the
pest oil his knowledge belief and verify the same
oy aihdavit annexed. At the term at which or ,ha
' .erh after which any such exceptions shall be fill
Gu 'he court shall require the other party either IN
file an express admission or denial in vvr,;n =, Il, ~
respective allegations in the exceptions and wi,bon,
iurher pieadngs direct the parties to ion issue m
These ae or item IN dispute between them
VI ac' ana lhey shall be tried by jury as soon there
o. 40 nay oe. but the court may, when any such
Sna De MED, or at the first term the GREATER
,ea'iu ne same with the Report OF the Commissioner
70 rules 10 enable the parties to make up the issues in
i"aiIr Aforesaid, and prepare them for trial And a..
W ,, Pa'' OIL the account reported shall not he
materially Affected by the exceptions if the same he
suincien TO give jurisdiction the court shall in ~,
uiscretioh' render Judgment decree thereon and
award execution Alter the trial of the issues in anv
he court shall correct the report ACCORDING
TO the hnding OF the jury and according n am, oJs
Judgment or decree, taken thereon and render final
!uuSment or decree In all assignments of dover and
the Partition OF estates between parceners
vi If the title to such properv be
not conroyerted, or being controyered and bsvin
oeen determined as TO the rights of the par,e 10 he
Pon' 'he court snail appoint one more Commits
soners or mat purpose, whose duty shall be 10 mako
Paruoh and report thereon which report NAV bo co,
aside or confirmed as shall be right I'm the trial Of
an actions ana issues OF fact, the parole evidence of
"esses sha De admitted in preference TO depostiops
and the latter shall be only admitted in the cases ai
upon the principles they may now be admitted an /,
reau before jury in trial at law And in every
case where the object of the action is the recovar -
JuuSheht LOT sum oil money! for the title or pos
session oil any lands, tenemens or hereditamens or
o any spechc article OF personal estate or the aerna
.uo "'e'eo'' me jury may lind general verdict
D' eic' parry But ~ all other cases, if required by
the court or either of the parties thew shall hnd n
Crazy 'he acts IN issue. Judgment or decree shall no
oe arrested after verdict for cause if fbe
DC suiclenly certain to enable the court TO render
proper Judgment or decree thereon. And where anv
Veructs shali not be sufficiently certain or shall not
contain all the facts necessary enable The court IN
uei proper Judgment or decree, the court shall at
diScreon or on application of either party set aside
ana order new trial; shall enter on the record mr.
permit either party TO enter the record the additional
icls necessary 10 be found, and require the nores inn
meuaey 10 make up the proper issues thereon or re-
au Inc case TO rules for that purpose; which issucs
shal De tried as soon thereafter as NAV be- But No
such auuiIioha issues shall be made or facts found
contrary to the facts found in the first verdict Alter
the al OF such Issues, the court shall proceed TO rem
der Judgment decree on the verdict and fb smnnIa
entary verdict in the manner as If all tbe facts
had been found by the first verdict New trials shall
De granted Tor good cause, hereofore and the courts
ana judges shall have full power to grant wrs oC me
eTedt-to grant injunction Tor fraud accident m;s,ake
OF other proper cause, prevent the commi,,n If
Waste-to enforce the execution of contracts or snccc
performances the discovery of facts deeds or oher
writings or things -to grant and decree any reIieEo
render any judgment or decreeand TO do and
all matters and things in full and ample manner
under the practice hereby established as the courfs of
law and chancery, and the judges thereof NAV now do
ana perform according to the laws and usages of the
Commonwealth. - w
TO- The plaintiff, in any bill for the perpetuatioo Of
testimony, or Tor the discovery of deeds mr. other
ings or things in the possession or power Of te dsf
ant, to be used in any suit brought or to be brougbt
between any person or persons other than tho SaiJ
plaintiff and defendant shall, before filing sucb hi
make afhdavit mat the allegations thereof are fue to
me btst OF ms hhOt0tedgeoT beficf; and the painG
in any bill Tor the discovery of fraud or for fbe d.
N anU raj nnl acf;.