The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-10

swer as many defences and counter
claims as he may have; whether they be
| such as thave been heretofore dcnomi
mated legal Or equitable, or both. They
must each DO separately. stated, and re-
Ter to the causes Of action which they are
intended to answer, in such manner that
they may be intelligibly distinguished.
SEC III The defendant may demur
to one or more of several causes of ac-
ton stated in the complaint, and answer
the residue.
SEC. ITS. Sham and irrelevant an
swers and defences may be stricken out
on motion, and upon such terms as the
Court may, in their discretion, impose.
CHAPTER ".
THE REPLY.
SECTION l76. Reply. Demurrer to an
SEC. 1T. Motion for Judgment upon
answer.
SEC. It's. Demurrer to reply.
SECTION 176. When the answer CON-
tains new matter constituting n counter
claim, the plaintiff may, within twenty
days, reply to such new matter, DENYING
generally or specifically each allegation
controverted by him, or any knowledge
or information thereof sufficient to form
pellef; and he may allege, in ordinary
and concise language, without repeti-
tion, any new matter not inconsistent
with the complaint, constituting q de-
fence to such new matter in tho answer.
and the plaintiff may in all cases denur
TO m answer containing new matter.
where, upon its face, it does not consti
tute counter-claim or defence: and tbe
plaintiff may demur to one or more of
such defences or counter claims. and
reply to tho residue of the counter
clnims.
And IN other cases, when an answer
contains new matter constituting q de-
fence by way of avoidance, the court
may, IN Its discretion, on the defendants
motion, require reply to such new
matter, and in that case, the reply shall
oe SUBJECT to the Same rules as O reply
to counter claim.
SEC. l77. If the answer contain
statement of new matter constituting n
counter'claim, and the plaintiff fail 10
reply or demur thereto within the time
prescribed by law, the defendant nav
move, on notice of not less than ten
days, for such judgment as he is entitled
to upon such statement; and if the cose
require it, writ Of inquiry of damages
may be issued.
SEc. l7o. liza reply of the plaintiff to
any defence set up by the answer of the
defendant be insufficient, the defendant
| may demur thereto, and shall state the
grounds thereof
CHAPTER Y.
GENERAL RULES OF PLEADING.
SEc. i19. Headings to be subscribed
and verified. '''A
Sec. $50. Pleadings, how verified.
DEC. ISL. How to state an account in
pleading.
SEC. lS2. Plcadings to be literally
construed
SEC. 1873. Irrelevant or redundant mat
ter to be stricken out, and Indefinite
matter made more definite.
SEC. lS4. Judgments, how to be
pleaded
SEC. lS5: Conditions precedent, how
to be pleaded.
SEC. 1856. Private statutes, how to be
pleaded.
SEC. lSo. ln an action to recover the
possession OF property distrained, doing
damage, an answer that the defendant
or person by whose command he acted
was lawfully possessed of the real pro-
perty upon which the distress was made.
and that the property distraned was at
the time doing damage thereon shall be
6oOU' "i'hott oeCIiuB IOrtu the title to
such real property.
SEC. 100. The plaintiff may unite, in
the same complaint, several causes of
action, whether they bo such MS have
been heretofore denominatcd legal or
equitable, or both, where they all arise
out Of
l, The same transaction, or transac
t'ons connected with the same subject Of
action; or,
= Contract. express or implied; or,
.. Injuries, with or without force, to
person aud property, or either; or,
1. Injuries to character; or,
.. Claims to recover real property.
with or without damages for tho with
holding thereof and the rents and pro.
tits OF the same; or,
=: Claims to recover personal pro.
perty, with or without damages for the
Withholding thereof; or,
Z. Claims against trustee, by virtue
OF contract, or, by operation of law.
CONTINUED IN OUR NEXT.
Selling OFF to Close Out.