The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1866-03-03

u II
plant within the Time required in the summons &c
answer when itappears, upon the face lnereof
eithers ~k~
lst. That the Court has no jurisdiction of the
person Of the defendant orthe SUBJ ect OF Tie ac'
ton; or
Cd That the plaintiff has no legal capacity te
3d. That there is another action pending be.
tween the same parties for the same cause Or
4th. That thcreiis defect or mlsJolnuer OF par
ties. plaiat;ff or detenda Z; or
5th. THAT several causes OF action have been
improperly united; or
9Th. That the complaint docs not state facts
sufficient to constitute cause of action; or
It'll. Plat tile complaint is ambiguous, umlntel-
ligible or uncertain. - :
contains;
lst. If the complaint be verified, specific de-
NAL to each allegation of the complaint contro-
verified by the defendant, or denial thereof, &C
cording to his Information and belief II the
complaint be not verified, then general denial to
each Of said allegations but a general denial
shall only put ID Issue material and express aile-
cations IF the complaint
3D. statement of any new matter or counter
claim. constituting defence, in ordinary and
concise language. H<k$M 8
SEC so. When the answer contains new matter
the plaintiff may within the number of days in
which the defendant is by the summons required
to answer, said days to he computed from the
time of the service on the pialutT of a copy Of
such answer, demur to the Same r insufficency.
stating in his demurrer the grounds thereof, and
he may. Also within the same time, deinur to one
or mere dcfenseS set upln the answer. Sham and
irrelevant answers aud deienses, and so much OF
any answer as may be irrelevant, redundant, and
i;nmaterial, may be stricken out OH motion, and
upon such terms as the Cour, in its discretion,
may impose ~ nrE8s
SEC. 81. Every pleading shall be subscribed by
theparty, or his attorney, and when the COM
plant is verified by affidavit, the answer shall be
verified also, except as provided in the next
Section. aae6
SEC. So The verifcation of the answer, re
CURED in the last Section. may be omitted when
an admission Of the truth of the complaint might
subject the party to prosecution for felony OF MIS-
demeanor.
Sgc 50. When the defense to an action is foun-
ded upon written instrument. and copy thereof
is contained ia the answer or "a copy Is annexed
thereto, the genuneness and due execution OF
sucn instrument shall be deemed admitted. unless
the plaintiff file with the Clerk, i've days prevl-.
GUS to the commencement OF the term at which
the actionis to be tried, an affidavit denying the
same 81
SEC. SIS. In all cases Of the verifcation OF a
pleading the affidavit Of the party shall state that
the same is true of his own knowledge except
as to matters which are therein stated on his In
formation or belief, and as To those matters, that
lie believes it to be true. And where pleading
is verified it shall be by the affidavit CT the party
unless lie be absent from theeounty Whcrethe attpr
ney resides orIfrom some Cause unable 70 verl5l',
or The facts are within the knowledge OF his attol
ney, or other person verifying the same. When
the pleading is verified by tie attorney or any
ether person except che party he shall set forth
in the affidavit the reasons whylt IS not mace ~
the party. Whena corporatlon IS a patty lie
veriticatlon may DO made by any other Cfiicer
thereof or when the Territory, or any oMser
thereof in its behaif is party, the verlfcdtion
IN ~ ar
facts; except that iii actions prosecuted 10y The
Attorney General in behalf of.the Territory, The
pleadings need not in any case be verified:
SEC. SO. Every material allegation OF the conI- |
plant, not specifically contreVerted ny Inc np- |
swer Shall, for the purposes of the action, be
taken as,trues the allegation OF new matter IN
the answer shall. trial, be deemed controVeIted
by the adverse party. 8T8 H11
SEo.67 Alter demurrer and before trial OF Is
sue ON demurrer either party may, Within ten
days, amend any pleading demurred to OF course,
and without costs, filing the same as amended, /
and serving copy thereof upon the adverse party,
or bis attorney who shall have ten days TO answer
or demur thereto, huta party shall not SO amend
more thaR-ence. When u demurrer 10 a COM
plant is overruled, and there is answer filed,
the Court may upon such terms us may lie just,
and upon payment Of costs, al ow IN answer to
be fled. II demurrer to the answer be over
ruled the facts alleged in the answer Shall still
considered as denied. ratasf la
CECs OF. W 1tuE i've Gays diteE Iue
tice, the Sherifdr defendant may give to tue plain
tif, or his attorney notice o. the justification Of
the same, or other bail Specifying the place of
residence and occupation of the latter), before a
Judge otathe Court, or Probate Judge, or Clerk
Of the District Court, at specified time and
place the ti1no to be not less than five, nor more
than ten days, thereafter. except by consent of
parties. La case other bail be given, there shall
be new undertaking.
SEC. 40. The plaintiffs at the time of issuing Is
the summons, or at any time afterward, may have
the properly of the defendant attached as security
for, the satisfaction Of any judgment that may be
recovered, unless the defendant give security to
pay such judgment, as hereinafter provided in the
following Cases
lst. In anlacton upon contract. expressed or
implied, for the direct payment of money, which i.
contract IS made or is payable in this Territory.
ana is not secured by mortgage, lien or pledgal
upon real or personal property; orif so secuted
that such security has been rendered nugatory by
the act OF the defendant.
I'd Ia an action upon contract, express OF
Implied against a defendant not residing in this
Territory.
SEC. III. The Clerk of The Court shall issue the
writ OF attachment, upon receiving an affidavit by
or on behalf OF the plaintiff, which shall be filed
showing:
LIST That the defendant is indebted to the
palhtlH lspecHying the amount of such indebted :
Dess over aud above all legal OFFS or counter
cia IN - upon contract. express or implied, forl
the direct payment of money. and that suIh cons T
tract was made or is payable in this Territory, J
and that the payment Of the same has not been !
secured by any mortgage, lien, or pledge upon
real or personal property or