The Port Gibson herald, and correspondent., 1850-04-05
Laws of Mississippi.
AN ACT to change the forms oi pleading in
the Circuit Courts of this State

Section 1. Be 1t enacted by the Legislature of
the State of Mississippi, That al! the forms of
pleading, now in use in the Circuit courts OF
this State, inconsistent with the provisions of
this act are abolished, and hereafter the forms of
civil actions in said Circuit courts, aud the rules
BY which the sufficiency of peadiDgs is to be
determined, are modified as prescribed by this
act.
Sec. 9. Be ii further enacted, That the first
pleading on the part of the plaintiff, shall be the
complaint; the complaint shall contain the title
| of the cause, specifying the name of the court
| in which the action was brought, the name OF
the county where it is triable, and the uames of
the pariie to the action, plaintiff and defendant;
| it shall contain statement of the facts, const-
| tuting the cause of action IN ordinary and con-
else language, without repetition, and in such
/ manner as to enable person of common under
standing TO know what was intended; 1t shall
conclude with demand of the relief, to which
the plaintiff supposes himself entitled, and if
the recovery of money be demanded, the amount
thereof shall be stated.
| Sec. 3. Be 1t further enacted, That the only
| pleading on the part Of the defendant shall be,
either demurrer or an answer; the defendant
may demur to the complaint, whenit shall appear
upon the face thereof, either
l. That the court has no jurisdiction of the
person of the defendant, or the subject matter; or,
II. That the plaintiff has not legal capacity
to sue; or,
Ill. That there is another action pending be-
tween the same parties for the same cause; or,
Nv. That there is defect of parties, plaintiff
or defendant; or,
V. That several causes Of action have been
improperly united; or,
vi. That the complaint does not state facts
sufficient to constitute cause of action; the
demurrer shall distinctly specify the grounds of
objection to the complaint, and unless il do so, it
may be disregarded; it may be taken to the
whole complaint, or any Of the alleged causes of
action stated therein, and when any of the mat.
tiers herenbesore enumerated, do not appear
upon the complaint the objection may be taken
by answer; and if no such objection be taken,
either by demurrer or answer, the defendant
shall be deemed to have waived the same, ex-
cepting only the objection to the jurisdiction of
the court, and the objection that the complaint
does not state facts sufficient to constitute
cause of action.
Sec. 4. Bet further enacted That the answer
OF the defendant shall contain:
|. In respect 10 each allegation of the CON-
paint, controverted by the defendant, general
or specific denial thereof according to his infor
nation and belief, or ofany knowledge thereof
sufficient to form belief.
II. A statement of any new matter constitu.
ting defence, in ordinary and concise language.
without repetition and in such manner as to
enable person of common understanding to
konw what is intended; and the defendant may
set forth bv answer as many defenees L@ shall
lave; thoy snail cacn be separately stated o. re-
fer to the causes of action, which they are lnen-
ded TO answer, III any manner, by which they
may be inteliigibly distinguished; the defendant
may demur to one or more OF several causes oil
action, stated in the complaint and answer the
residue; whenever it shall appear to the court
that the answer, or demurrer of defendant is OBJ
viousy intended for delay, it may be stricken
out on motion.
Sec. 5. Be 1t further enacted. That when the
answer shall contain new matter, the plaintiff!
may reply TO it, denying generally, or particu-
arly each allegation controverted by him. or any
or any knowledge or information thereof suffl-
cent to form belief; and he may allege in or
binary and concise language, without repetition
: and in such manner as TO enable person o.
!. common understanding to know what is inten'
I ded, any new matter not inconsistent with the
. complaint, in avoidance of the answer, or oil any
: defence set up therein; or he may demur to the
9 same for insuficiency, stating in his demurrer
: the grounds thereof; and the plaintiff may demu
to one or more of several defences set up in the
S answer, and reply to the residue; if the answer
S contain statement of new matter constituting
a defence, and the plaintiff fail to reply or de
! mur thereto, the defendant may move for sucl
= Judgment as he is entitled to upon such state
ment and if the case require it, writ Of in
l. quiry of damages may be issued; if a reply O
IS the plaintiff to any defence set up by the an
e swer of the defendant be insufficient, the de
" fendant may demur thereto, and shall state tn
grounds thereof.
Sec. 6. Be it further enacted That no othe
:, pleading shall be allowed than the complaint
u answer, and demurrer; every pleading in th
= circuit courts Of this State must be subscribe
If by the party or his attorney, and when an
ID pleading in case shall be verified by affidavi
le all subsequent pleading, except demurrers, sha
II be verified also; and in all cases of verlhcatlo
= of pleading, the affidavit of the party sha
= state, that the same is true of his own know
y edge, except as to the matters and things, whc
lg are therein stated on his information, or bche
n and as to those matters, he believes them 10 I
n, true; and when pleading is verified, It snail
r. by the affidavit OF the party unless he be aDsei
at from the county where the suit Is commence
~ or from some cause uTaDle 10 VeIiiy It's vi u
" facts are within the knowledge of his attorne.
es 6 or other person verifying the same; when Il
5h pleading is verified by the attorney, or any 9TH
person except the party, he shall set forth IN u
n affidavit his knowledge, or the grounds of h
,e- belief on the subject, and the reasons why it
wv not made by the party; when corporation is
bo party, the verifcation may be made by any of
~ Ger thereof; and when the State, or any offic
e thereof in its behalf is party, the yerificat'
lis may be made by any person acquainted with 4
lte facts; and it shall not be necessary for party
RI set forth in pleading the items of an accou
OIL therein alleged. but he shall file with his col
ev plant or other pleading, a copy of the accou
verified by his own oath, or that of his agent
attorney, the effect that he believes it to be trr
du or be precuded from giving evidence there
Sc the court may, in its discretion, order furth
tie or more particular bill.
ce, SEC. 7. Be il further enacted, That In t
of construction of pleading, for the purpose
ion determining its effect, its allegations shall
cir literally construed, with view to substanti
nor Justice between the parties; irrelevant or
g dundaDt matter, inserted in any pleading m
ldu be stricken out on motion of any party aggrit
no. ed thereby; and when the allegations of Ples
Wn ing are so indefinite, or uncertain, that the p
ION else nature of the charge or defence is not