The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-02

precedent, In cootrac', It shall not be nscss.aryt
state the facts sho sing suh performances; bat itmy
the coudt ons on bis part f,uss Al es,ou b,
troverted thu party pleading sha ba bound 20 establish
the trial. the facts sho wing such psrfor a saos.
Sec lao. Ia pestiug private statute OF riSht Is.
rived therefrom 1t shall be sufficient TO rsfs I'd su,h
court shall thsreupon take Judicial MOTTO. thsrsot
Sac lal Ia IA ASTON for hnsl or ssnsr it sh.l noe
he necessary to state ia th' conoant any exeta,'o
facts foe Tho purpo'a OF sho sng the e. tbs
plsintiR of ths dsfAmatorY mater on; OF wni,1 tbs
cause Of eoio, sross bat it sh, 70 stats
generally that tn Published or spoken o,n-
c.ruoe the plaintiff; II su,h elss.h,a 81 ooa.ro.
verted tbs psia.f shall b. bound to establish Oh chs
trisl, that IL wa, so published or spoken
Sac I4l 10 tn. actions msntions In thu l.'. s,csou,
the d-f-odaat may Ia his answer asg both the truth
ofthe matter chsrs.d As d.t.m .'ory sni ~ nu<.s
II dsmsg-s and whsth.r b. provs thu jitid;ston or
not hs may give In svdsac, tbs mttisi;tas o'rcun-
SO Ila The plaintiff my mite several cau", Of 40.
ton in tbs oompai IT. wh'rs they ali ars. QUO or
Contract expre,s or 'upliei or,
J T. iries by forcs tn per- Va or property or
T. juries without f'rc- to person or property OF,
4. Injuries I, character or,
Claims TO -sat Dr'p,-tv, With or Wit 10us
damag-s tor the Withholding thereof; or,
Claims to psrsons, property With without
damages for the W shho dag th.rsof; or.
Clsims against trustee by virtue OF contract or
by operation Of Law
But the Of sctou so ustsd mutt all bslous to
only Of thsss CLASSES aud must ECU Ally ar Q. all tbs
paetss to the action and not require different places Of
trial
SEQ Ill Every material allegation Of the complaint,
notsp coaly by the answer as prescribed
in section l2s aud every mstsris. allegation OF
latter in tn. snswer not specifically controversed by
reply, prescribed In section l3i shs for th' pur-
pe.ss OF the aon be taken as trus But the allegation
in rsply shall not ia any respect con-
Guide the defendant who may che trial avail himself
of any valid objection to its sualcenoy may counter
vail II by proof either la direct denial or by way OF
avoidarce.
CHAPTER ".
MISTAKES IN PLEADING, AND AMENDMENTS.
SEQ las No varsn,s bstwesa the allegation Ia -
pleading and the proof shall, b, doomed material unless
Il have actually msed the adverse party to his pr.u
merits Whenever IL shalt bs alleged that party has
ben mlsled that fact shalt be proved to the sstsfac
ton Of stbe court by afdsvt showing In what respect
hs has been ised and thereupou the court may order
the pleading to be amended upon such terms as ahs BE-
SEQ ld6 Whore the variance Is not material rs pro-
ve7d Ia the last section the court may direct the fact
bs found according to the evidences or may order an
| immediate amend u,eBt without costs
Sec l41. Where, however, the allegation OF the oause
OF action or Defence to which the PROFITS dire
true not la parti Uar or pareicuars only but In
its entire and meaning 1t shall not bs deemed =
of variance, within the last two sections, but fall
SEQ las Auy pleading may be amended by the party
Of without costs and without prjndios to the
proceedings already had at time before tho period
for answering 1t shall exoirs In such q copy OF
the amended pleading shall be served on tbs sdvers,
party
500 I49 The court may, ut any time in furthersno
ofjustice aud such terms as may bs proper amend
any Pleading or proceeding, by adding or striking out
the OF any ATTY by correctnga mistaks in the
of party mistake ia any other respect, or BY
inserting other allegations material to the ose or BY
CONFORMING the pie .dug proceeding to the facts prov
ed whenever the ausndmenr sh Ill not change subs an
italy toe of action or defence
SEQ $50 When the plaintiff shall be ignorant OF the
OF defsn iant such defendant may b. designated
ic any pleading proceeding, by auy name; and when
bis true shall DO discovered the pleading or pro-
! ceedDg may be amended accordingly
SEQ l5 The court shall in every stage OK an action
dsrsgsd any defect in the peadiugs or pro-
ceedugs wbch shall not sGot tho substantial rights Of
the adverse party; aud udgmsnt shall b. reversed or
att ected by reason ofsscb error or d. fecs.
SEQ i51 Vha plaintiff aad defendant respectively
may bs allowed, motion, to make . supplemental
cen plant answer reply, alleging facts material to
cise occurring after the former complaint answer
or reply.