The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17

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& that the petition does not stat facts sufficient
to constitute a cause Of action.
See 9O. When demurrer is sustained on
the ground of msjoindcr of several causes Of
action tho court, ON motion Of the plaintiff shall
allow him, with without costs in is discretion,
to file several petitions, cach including such oi
said causes Of action as might have been iencd
and action shall be docket for each or said
petitions aud the same shall be proceeded in
without further service.
Sec. 81. The defendant may denur TO one
more Of the several causes of action stated in
the petition, and answer as to the residue.
CHAPTER w.
Answer.
Sec. %. The answer shall contain
!. general or specific denial of each mate.
rial allegation of the petition controve fted by the
defendant:
2. A statement ofany new matter constitu-
ting defence, cOuntercluim 'or set off, in ordi-
nary and concise language and without repe tltion.
Sec. 03. The defendant may set forth in his
answer as many grounds of defence, counter
claim and set-oh, as he may hive, whether
| they be such have been heretofore denomi-
mated legal or equi able, or both. Each must be
separately stated ana numbered. as they must re-
fer in an Ineligible manner 10 the causes of ac-
lon which they are intended TO answer.
| See 81. The cOunterclaim, mentioned in the
fendant, and against a plaintiff, between whom n
Sc, eral judgment might be had IN the action ,and
arising out OF the contract or Transaction sci forth
in the petition as the foundation Of the plaintiff =
claim, or connected with the subject oil the ac-
ton.
Sec. 95 If the defendant omit 10 set up the
counerclaim or set off he cannot recover costs
against the plaintiff in any subsequent action
thereon; but this section shall not apply to eau
ses OF action which are stricken out OF or with
drawn from the answer, US provided in sections
ninety six aud one hundred and nineteen.
Sec. 96 When it appears thai u new party is
necessary to final decision upon the counter.
clam, the court may either permit the new par
~ TO be made by u summons, TO reply 10
the countercain, or mny direct the rcainl
10 be stricken out OF the answer, and made the
subject Oi separate action
Sec 81 A set-ofl' can only be pleaded in an ac-
tion founded ON contract, and must be a cause oI
action arising upon contract or ascertaineC
by the decision of the court.
Sec. 80. When it appears that new party il
necessary TO finsld cision upon the set-of, the
, court snail permit the new party 10 be made il
, il also appear, that owing to the insolvency OF
non-rcs idence Of the plaintiff. other cause, the
r defendant will be in danger of losing his cluim
unless permitted to use it as I set. off.
| Sec 90. When cross demands have existed be
tween persons under such circumstances, that i
, one had brought an action against the other
countercam or set. off could have been set up
neither can be deprived of the benefit thereof by
the assignment or death of the other, but the two
, demands must be deemed compensated, so far a
: they equal each other.
Sec. 100. The guardian OF an infant or person
of an rnsound mind, or attorney for person il
prison, shall deny in the answer all the mater ia
allegation of the petition preiudicial TO such de
ieudent
CHAPTER V.-Reply.
| Sec. lot. There shall be no reply, except upor
the allegation oil a countcrcum or set off i'll tho
answer.
See. lO2. When the answercontuins new m t.
ter constituting counterclaim or set-of the
plaintiff may reply to such new matter, denying
gene rally or specifically each allegation contro,
, verted 10y him; and he may allege, in ordinary
and concise language and without repetition, any
y new matter not Inconsistent with the petition
, constituting defence to such matter in
the answer; or he may drmur to the same Tor in
, sufhc.cncy stating in his demurrer the ground:
'hsrooii and he may demur to or more
such delcnccs set up in The answer, and reply tt
the residue.
r CHAPTER VI.
}, General rules of Pleading.
SEc. l03 The answer or demurrer by the dc
tendant shall be filed before the third Saturday
and the reply or demurrer by the plaintiff on or be
fore the fifth Saturday, after the return day oi tn,
summons or service by publication.
Sec; lO4 The cour., or the Judge thereof in vaca
ton, for good cause shown, may extend the tm'
tor hliLg an answer or reply upon such terms us ma!
i be just
Sec. lO5. Every pleading in n court of record
must be subscribed by the party or his attorney.
Sec. l06: Every pleading OF fact must be verified
by tie qihdavll OF the party, his agent or attorney
, a pleading verified as herein required, shall not b.
used against pnrty in any criminal prosecution, o
action, orproceedng for penalty or forfeiture, u
proof OF lact admitted or alleged in such pleading
and such verhcatiOn shall not make other or great
er proof necessary on the side o. the adverse party
Sec. lO7. The yeIiiication mentioned in the las
section, shall not be required to of guardian
defending Tor an infant or person OF unsound mind
or person Imprisoned; nor in any case, where tn
admission OF tie ruth Of fact stated in the plead
ing might subject the party TO u criminal or pena
prosecution.
Sec. 1903. If there be several persons united in
interest and pleading together, the affidavit may b
made 10y any one OF such parties
Sec. 10Y. The affidavit shall BE- sufficient, il i
state that the ailant believes the facts stated in tn
pleading to be true.
Sec. 10. In all cases where the party pleading
Is nonresident OF the county in which the actor
Is brought, or il he shall be absent from the count,
where the pleading is filed. an affidavit made hefor,
filing the pleading stating the substance of the fact
afterwards inserted in the pleading, shall be sui
hclent veillcatiUn Such affidavit shall be filed will
the pleading intended To be verified thereby
Sec III. The "ftdavit verifying pleadings, may
be made before any person before whom depos
ton might be taken and musl be signed by the part,
making the same; and the officer before whom ;hc
same was taken, shall certify Il at it was sworn tC
or affirmed before him, and signed in his presence
The certificate OF such officer, signed officially b,
him, shall be evidence that the affidavit was dul,
made, that the name OF the officer was written by
himself, and that he was such officer.
Il Sec. ll2. The verifcation of the pleading does
not apply To the amount claimed, except in actions
bounded on contracts, express or implied, for the
payment OF money only.
Sec. D3. When the affidavit il made by the
nge". u attorney. it must set forth the reason why
Il is not made by the party himself 1t can be made
by the agent or attorney, only,
l. When the facts are within the personal knowl
edge OF the agent or attorney;
2. When the plaintiff is an infant, or of unsound
mind, or mprisoned
3. When the pleading to be verified is found tup
on written instrument Tor the payment of money
only, and such instrument is in the possession OF The
T agent or attorney.
4. When the party is not a resident of, or i,
absent from the county.
\ Sec. III. In the construction OF any pleading
for the purpose ot determining its effect, its allega-
lions shall be literally construed, with view tC
substantial justice between the parties,
See, ll5. All actions in pleading arc abolished
Sec ll6. The titlo OF u cause shall not be chang
ed in any of its staues