What pleading allowed.

shall be the petition, demurrer or reply to the defendant's answer; and the only pleadings on the part of the defendant shall be the answer or demurrer either to the petition or reply of the plaintiff.

SEC. 92. The petition shall contain:

Petition, what

First, The title of the action specifying the name of the to contain. court, and the name of the county in which the action is brought, and the name of the parties to the action, plaintiff and defendant;

Second, A statement of the facts constituting the cause of action in ordinary and concise language;

Third, A demand of the relief which the plaintiff claims. If the recovery of money be demanded, the amount thereof shall be stated, and if interest thereon be claimed, the time from which interest is to be computed shall be also stated. SEC. 93. When the petition contains more than one cause of action, cach shall be separately stated and numbered.

More than ons Caes.

when allowed.

SEC. 94. The defendant may demur to the petition Demarrer, within the time required in the summons to answer, when it appears upon the face thereof; either,

First, That the court has no jurisdiction of the person of the defendant, or of the subject of the action; or,

Second, That the plaintiff has not the legal capacity to

sue; or,

Third, That there is another action pending between the same parties for the same cause; or,

Fourth, That there is a defect or misjoinder of parties, plaintiff or defendant; or,

Fifth, That several causes of action have been improperly united; or,

Sixth, That the petition does not state facts sufficient to constitute a cause of action;

Seventh, That the petition is ambiguous, unintelligible

or uncertain.

SEC. 95. The demurrer shall distinctly specify the grounds upon which any of the objections to the petition are taken. Unless it do so, it shall be regarded as objecting

Demurrer.

only that the petition does not state facts sufficient to

constitute a cause of action.

Demurrer and SEC. 96. The defendant may demur to the whole

answer.

Petition ame:1

ded.

Answers.

Waiver by defendant

Demurrer BUSBained.

Answer, what to contain.

petition, or to one or more of the several causes of action therein stated, and answer the residue; or may demur and answer at the same time.

SEC. 97. If the petition be amended, a copy of the amendment shall be filed, or the court may, in its discretion, require the petition, as amended, to be filed, and a copy of the amendment shall be served upon every defendant to be effected thereby; or upon his attorney, if he has appeared by attorney. The defendant shall answer or demur in such time as may be ordered by the court, and judgment by default may be entered upon a failure to answer as in other

cases.

SEC. 98. When any of the matters enumerated in section ninety-four do not appear upon the face of the petition, the objection may be taken by answer.

SEC. 99. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and that the petition does not state facts sufficiant to constitute a cause of action.

SEC. 100. When a demurrer is sustained on the ground of misjoinder of several causes of action, the court, on motion of the plaintiff, shall allow him with

costa

to file several petitions, each including such of said causes of action as might have been joined; and an action shall be docketed for each of said petitions, and the same shall be proceeded in without further service.

Answers.

SEC. 101. The answer of the defendant shall contain: First, a general or specific denial to each allegation of the petition controverted by the defendant, or a denial thereof, according to his information and belief. A general denial shall only put in issue the material and express allegations of the petition.

Second, A statement of any new matter constituting a defense, counter-claim or set-off, in ordinary and concise language, and without repetition.

SEC. 102. The defendant may set forth in his answer as many grounds of defense, counter-claim and set-off as he may have. Each must be separately stated and numbered, and they must refer in an intelligible manner to the cause of action which they are intended to answer.

Counter claims

Contract.

SEC. 103. The counter-claim mentioned in the last Arising 901 of section must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might bo had in the action, and arising out of the contract or transaction set forth in the petition as the foundation of the plaintiff's claim, or connected with the subject of the action.

Omission to sat

up counter

SEC. 104. If the defendant omit to set up the counterclaim or set-off, he cannot recover costs against the plaintiff claim, in any subsequent action thereon; but this section shall not apply to causes of action which are stricken out of or withdrawn from the answer, as provided in section one hundred and five and one hundred and twenty nine.

SEC. 105. When it appears that a new party is necessary New party, to a final decision upon the counter-claim, the court may either permit the new partý to be made by a summons to reply to the counter-claim, or may direct the counter-claim to be stricken out of the answer, and made the subject of a separate action.

ded on contract.

SEC. 106. A set-off can only be pleaded in an action Action foun founded on contract, and must be a cause of action arising upon contract, or ascertained by the decision of the court.

SEC. 107. When it appears that a new party is necessary to a final decision upon the set-off, the court shall permit the new party to be made; if it also appear that, owing to the insolvency or non-residence of the plaintiff, or other cause, the defendant will be in danger of losing his claim, unless permitted to use it as a set-off.

New party.

Neither de

prived of the

SEC. 108. When cross-demands have existed between persons under such circumstances, that if one had brought benefit of set-all, an action against the other, a counter-claim or set-off could

Who to answer for intwat, &c.

Reply.

matter.

have been set up, neither can be deprived of the benefit thereof by the assignment or death of the other, but the two demands must be deemed compensated, so far as they equal each other.

SEC. 109. The guardian of an infant or person of an unsound mind, or attorney for a person in prison, shall deny in the answer all material allegations of the petition prejudicial to such defendant.

Reply.

SEC. 110. There shall be no reply, except upon the allegation of a counter-claim or set-off, in the answer.

Reply to new SEC. 111. When the answer contains new matter, constituting a counter-claim or set-off, the plaintiff may reply to such new matter, denying, generally or specifically, each allegation controverted by him, and he may allege, in ordinary and concise language and without repetition, any new matter not inconsistent with the petition, constituting a defense to such new matter in the answer; or he may demur to the same for insufficiency, stating in his demurrer, the grounds thereof, and he may demur to one or more of such defenses set up in the answer, and reply to the residue.

Hefeuse inLiciout.

SEC. 112. If the reply of the plaintiff, to any defense set up by the answer, be insufficient, the defendant may demur thereto, stating the grounds of such demurrer.

General Rules of Pleading.

SEC. 113. The answer or demurrer by the defendant shall be filed within twenty days after the day on which the ummos is returnable; the reply or demurrer shall be filed within thirty days after the day on which the summons was made returnable; the demurrer to the reply shall be filed within forty days after the day on which the summons was made returnable.

SEC. 114. The court, or any judge thereof, in vacation, may, in his discretion, and upon such terms as may be just, allow an answer or reply to be made, or other act to be done, after the time limited by this act, or by an order enlarge such time.

SEC. 115. Every pleading, in a court of record, must be subscribed by the party or his attorney.

Pleading subscribed.

Allegations

SEC. 116. In all actions, allegations of the execution of written instruments and indorsements thereon, of the exist- taken as true. ence af a corporation or co-partnership, or of any appointinent or authority, shall be taken as truc, unless the denial of the same be verified by the affidavit of the party, his agent or attorney.

Verification, when not re

SEC. 117. The verification mentioned in the last section shall not be required to the answer of a guardian defending quired. for an infant or person of unsound mind, or a person imprisoned.

SEC. 118. If there be several persons united in interest and pleading together, the affidavit may be made by any one of such parties. When a municipal or other corporation is a party, the verification may be made by an officer thereof, its agent or attorney.

SEC. 119. The affidavit shall be sufficient if it state that the affiant believes the facts stated in the pleading to be true.

SEC. 120. In all cases where the party pleading is a non-resident of the county in which the action is brought, or if he shall be absent from the county where the pleading is filed, an affidavit made before filing the pleading, stating the substance of the facts afterwards inserted in the pleading, shall be a sufficient verification; such affidavit shall be filed. with the pleading intended to be verified thereby.

Corporation.

Affidavit suffi

cient.

Non-resident.

Affidavit, be

SEC. 121 The affidavit verifying pleadings may be made before any person before whom a deposition might be fore whom made. taken, and must be signed by the party making the same; and the officer before whom the same was taken shall certify that it was sworn to or affirmed before him, and signed in his presence. The certificate of such officer, signed officially by him, shall be evidence that the affidavit was duly made, that the name of the officer was written by himself, and that he was such officer.

SEC. 122. The verification of the pleading does not apply to the amount claimed, except in actions founded on

Amount cla.med.