, 1854-06-24


CONTINUED
Sec sc. In the construction OF plead
ing for the purpose Of determining its effect,
hsallegations shall be literally construed,
with a view to substantiate justice between
the parties. ...--.
Sec 81. If irrelevant or redundant
matter be inserted in pleading, it may be
stricken out on motion Of any person ag-
grieyed thereby and when the allegations
Of a pleading are so indefinite or uncertain
that the precise nature Of the charge or de-
fence is not apparent, the court may require
the pleading to be made definite and GER
tain by amendment or may dismiss the same.
Sec. So. In pleading a Judgment or
other determination Of a court or Office of
special Jurisdiction, it shall not be necessary
to state the facts comforting jurisdiction,
but sneh Judgment or determination may
be stated to have been duly given or made.
II such allegation be eoutroyerted, the par
ty pleading shall be bound to establish on
the trial the facts comforting Jurisdiction.
Sec. So In pleading the performance
Of conditions precedent in contract, it
shall not be necessary to state the facts
showing such performance, but it may be
stated generally, that the party duly per-
formed all the conditions on his part and
Il such allegation be controverted, the par
tyJpleading shall be bound TO establish on
The trial, the facts showing such perGor-
nance. b. .i d. sa.s.r f.s.l a..- ..
Sec, 60. In pleading private statute,
or a right derived therefrom, it shall be
sufficient to refer to such statute by its title,
and the day Of its passage, and the court
ShalltheFeupon, take Judicial notice thereof.
IA Sec. 81. In an action for libel or SLAM
der, it shall not be necessary to state in the
complaint, any extrinsic facts, for the pur-
pose Of showing the application to the
plaintiff, Of the deiamatory matter out Of
which the cause Of action arose but it
shall be sufficient to state generally that
the same was published or spoken concern
ing the plaintiff and if such allegation be
eoutFovsrted, the plaintiff shall be bound
tolestablish on trial that it was 50 Published
Orp0ken rbi -9ti1H s0l ~ I--
o5Sec, 62 In the actions mentioned in
theilast section, the defendant may, in his
answer, aliege both the truth Of the matter
charged as defamatory, and any mitigating
circumstances, tOreduce the amount Of dam
ages aud whether be prove the justi6ca-
tiuu or not, he may give in evidence the
mitigating circumstances. Ia 1IrIl i
Sec. 63 In an action to recover the
possession Of property, distraiued doing
dHmagey an answer that the defendant or
person bywhose command he acted, was
lawfully possessed of thereal property up
OpVhiCh the distress wasmade, and that
the property distrained was at the time do
ing the damage thereon, shall be good,
without setting forth the title to such real
property. Ea.ulo5- yat d.
Sec 81. The plaintiff may unite sever
dcauses of action in the same complaint
when they shall arise ont Of .l l.n
LIST. Contract, express or implied or
I'd. Injuries, with or without force, to
The person +; or
adSdc Injnriesp with or without force, to
property; or . -,l.s. Hslf '.r .. H
4ths Injuries to character or
- 5th. Claims to recover real property, or
uuy interest therein, with or without dam
ages, for withholding thereof, aud the rents
end profits. of the same or ... ....
9Th. Claims to recover personal prop
erty, or any interest therein, with or with
outldamagefor the withholding thereof; or
7th. Claims against 4 2stee, by vir-
tueiof a contract, or by open ION Of law.
But the causes of action SO united, must
all belong to one only Of these classes, and
must affect all the parties to the action,
audnotrequire different plnCes Of trial, and
s5e separately stated. t
See. IS. A material allegation in a
pleading is enc essential to the claim or de-
fence, and Yhich.eonld not be stricken from
the pleading without leavingit insufficient
sIsTAEEs IN FLEApxes, .AxD ANrSpsEvrs
Sec, 66 No yariapce between the allc.