The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-09

anu the defendant has or claims lien or
interest, actual or contingent, therein, or
the relief demanded consists, wholly or
partly, IN excluding the defendant from
any interest or lien therein;
3. Nhcre the action is for divorce, in
the cases prescribed by law.
Sec. 1877. Libel and slaudcr, how
staded III complaint.
SEc. 1SS. Answer in such cases.
DEC. lS9. Answer in action to recover
property distroined for damage.
SEC. 19O. What causes Of action may
be joined.
SEC. 191. Allegation not denied, when
to be deemed true.
Sec. ITO. Every pleading in q Court
OF Record must be subscribed by the
party or his attorney, and when any
pleading is verified, every subsequent
pleading, except demurrer, must be
verified also.
SEC: $50. Tho vcriGcation must be to
the effect that the same is true to the
knowledge of the person making it, ex-
cept rs to those matters stated on in
formation and belief, and as to those
matters he believes it to be true, and
must be by the affidavit Of the party, or
II there be several parties united in inte-
rest, and pleading together, by one at
least OF such parties acquainted with the
fncts, II such party be within the County
where tho attorney resides, and capable
OF making the affidavit. The affidavit
may also be made by the agent or attor-
ney. if the action or defence be founded
upon written instrument for the nav
ment of money only, and such instru-
ment be in the possession OF the agent
or attorney, or if all the material allepa-
tions Of tho pleading be within the per
sonal knowledge of tho agent or attor-
ney. When the pleading is verified by
any other person than the party, he shall
set forth in the affidavit his knowledge,
or the grounds Of his belief on the sub
!ect,. and the reasons why it is not made
by the party. When corporation is a
party, tho verifcation may be made by
any officer thereof. and when tho State
or any officer thereof in its behalf, is a
party, tho veritication may be made by
any person acquainted with the facts.
Ihe verlhcation may be omitted when
an ADMISSION OF the truth of the allega-
tion might subject the party to prosecu-
be used IN criminal prosecution
against the party, as proof OF n fact ad.
mitted or alleged in such pleading.
Proriaea, That the verifcation Of any
pleading in any Court of Record in this
State may be omitted in all cases where
the party called upon to verify would be
privileged from testifying rs witness to
the truth OF any matter denied BIZ such
pleading.
SEC. lS1. It shall not be necessary for
o party to set forth in n pleading the
items OF an account therein ALLEGED. but
he shall deliver to the adverse party
within ten days after demand therefor.
IN writing, copy of the account, which,
If the pleading is verified, must be
verified by his own oath, or that of his
agent or attorney, if within the personal
knowledge Of such agent or attorney. to
the effect that he believes it to be true.
or be precluded from giving evidence
thereof. The Court, or Judge thereof.
may order "further account" when
the one delivered is defective; and tie
Court may in all cases order bill of
particulars of the claim of either party to
be furnished.
Sec. 1872. In the construction of a
pleading for the purpose of determining
its effect, its allegations shall be liberally
construed, with view of substantial
justice between the parties.
SEC. lS3. If irrelevant or redundant
matter be inserted III pleading, it NAV
be stricken ont, on motion of any per
son aggrieved thereby. And when the
allegations of pleading are so indefinite
or uncertain that the precise nature of
the charge or defence is not apparent,
the Court may require the pleading to be
made definite and certain by amend
ment.
SEC. 1s4. In pleading a judgment or
other determination of Court or officer
of special jurisdiction, it shall not be
necessary to state the facts confcrrinp
jurisdiction, but such Judgment or dc.
termination may be stated to have been
duly given Or made. II such allegation
be controverted, the party pleading shall
be bound to establish, Oh the trial, the
facts conferring jurisdiction.
SEC. lS5. In pleading the performance
OF conditions precedent in n contract, it
shall not be necessary to state the facts
showing such performance; but it may
be stated gencrnlly that the party duly
performed all the conditions on his
part; and if such allegation be contro-
verted, the PARTY pleading shall be bound
to establish, on the trial, the facts show
ing such performance. Tn an action or