Practice and Pleading Under the Code; With Appendix of Forms and Text of Code and Rules Volume 1 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 edition. Excerpt: ...on the ground that the people are resident in every county, and an action may accordingly be brought in their name in any. Other F0rmalitz'es.--Attention must be paid to the numbering of the folios, and the separation of causes of actions, under Rules 44 and 87, before referred to. See heretofore as to formal § 125. Statement of Cause of Action. General Remarks.--The next requisite as to the due preparation of the complaint, is that prescribed by subdivision 2, with reference to the proper statement of the cause of action. The observations as to the necessary averments of fact in this pleading, have, in a great measure, been anticipated in the preceding chapters. It remains, then, to point out some considerations applicable to the proper form of complaint, separately considered, in different special cases. In every instance, as before observed, the statements in it should be strictly confined to facts, establishing, or tending to establish the main cause of action, or the plaintiff's right to some peculiar relief arising out of it, and this with regard to the essence of that relief, and not to its mere form; nothing collateral, nothing unconnected, nothing merely probative, is, strictly speaking, admissible under any circumstances. Whatever be the state of facts to be pleaded, whether simple or complicated in its nature, those facts must be stated as plainly and as concisely as possible, without any unnecessary or avoidable repetition whatsoever; and also with suflicient elearness, so as to give the court adequate data on which to ground a judgment. If this last be not the case, demurrer will lie. Tallman v. Green, 3 Sandf. 437. The main grounds of objection, to be more peculiarly guarded against in the framing of the...
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