, 1854-06-17

Sec. "A. The answer of the defendant
shall contain:
!. a specific denial of each material
allegation of the complaint controverted by
the defendant, according to bis knowledge,
information or belief or of any knowledge
or information thereof, sufficient to form a
. belief.
,. \ plain, concise statement of any
new matter constituting defence or set-off,
without unnecessary repetition.
Sec. 40. The defendant may set forth
by answer as many dcfenccs as he may
have. They shall each be separately sta
ted, and refer to the causes of action which
they are intended to answer in any man
ner by which they may be intelligibly dis
tnguished. ... ..
See. 46. The defendant may demur to
one or more of several causes of actions
stated in the complaint and answer the res
iduc.
Sec. Al. Sham and irrelevant pleadings
may be striker out on motion, and upon
such terms as the Court may in its discre-
tion impose.
THE REPLY.
Sec 4S. When the answer contains
new matter, constituting defence or set
off, the plaintiff may reply to. such new
matter, denying specifically each allegation
controvcrted by him according TO his knowl-
edge or information thereof, sufficient to
form belief and he may alege in plain
and concise manner, without unnecessary
repetition, any new matter not inconsistent
Itr-iN ha lafn -
to such new matter in the answer or he
may demw to the same for insuficiency,
stating in his demurrer the grounds thereof,
and the plaintiff may demur to one or more
of several defences or set-OfIs in the answer
and reply to the residue. .l
Sec. 40. If the answer contain q state
ment of new matter constituting defence.
and the plaintiff fails to reply or demur
thereto within the time prescribed by law,
the defendant may mov6 in court for such
Judgment as he shall be yentitled, to upon
such statement, and if the case require it,
writ of damages may be issued.
Sec. so. If reply Of the plaintiff to
any defence set up by the answer Of the de
fendant be insufficient the defendant may
demur thereto, and shall state the grounds
thereof. Id .ff
.- TINE OF FILING PLEADINGs. r,,.
Sec. 81. The answer or demurrer Of
defendant shall be filed within the time pre-.
scribed in the summons in all cases where
personal service is made. ale anI
In cases where'notice is given by pubIi-
cation within fifteen days after the publica-
ton is completed, %. r. ..-.... .fr...
The reply or demurrer Of the plaintiff to
the answer within fifteen days after the
time for filing the answer has expired, If
the answer has been fled within the rule,
The demurrer to the reply on or before
the second day of the term at which the
cause stands for trial.
In every case where the time herein al
lowed for filing the reply TO the answer
shall have elapsed prior to the commence
ment of any term, the cause, if the plaintiff
shall demand trial, shall stand for trial at
that term, subject to the right of either
party to continuance as in other cases. l
See. So. In oil cases the court for good
cause shown shall allow pleadings to be
filed at any time before the trial upon such
terms as the court shall judge proper.
dENEhAL hllsho VI EiEAhiNN.
Sec. So. Every pleading shall be sub
scribed by the party or his attorney, and
except demurrer, shall also be verified by
affidavit, as set forth in the next section.
Sec 81. The verifcatiOn shall be to
the effect that the same is true except as
to matters stated on information and as to
those matters that he believes them to be-
true. The affidavit shall be made by the
party, or if there be several parties united
in interest and pleading jointly by one of
such parties if he be within the county in
which the action is brought and capable Of
making the affidavit; if he be not within
the county or from any cause be unable 20
verify the same it may be made by the
agent attorney, or any other person having
a knowledge of the facts and when the
affidavit shall be made by another than
the party, he shall set forth in it his knowl-
edge of the grounds Of his belief and tho
reason why it is not made by the party.
When corporation is party the verifca-
tion may be made by any officer thereof,
and when the Territory or any officer there
Of in its behalf is party the veTi6catiOn
may be made by any person acquainted
with the facts. No pleading shall be used
in criminal prosecution against the party
as proof Of fact alleged in such pleading.
Sec. 55. It shall not be necessary fora
party to set forth I'M pleading, copy Of the
instrument of writing, or the items of an
account therein alleged, but unless he file
verified copy thereof with such pleading
and serve the same on the adverse party,
he shall within ten days after demand
thereof in writing, deliver to the adverse
party, copy Of such instrument of writing,
or the items of an account, verified by his
own oath, or that of his agent or attorney,
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