many of his parents, brothers, and sisters have died, with their ages and cause of their death; whether or not he is moral and temperate in his habits. A medical examination generally follows. The physician first gives a description of the applicant: "This person has blue eyes, brown hair, florid complexion; weighs about one hundred and fifty pounds; is about five feet eleven. inches high; general appearance indicates sound health; temperament, sanguine; his general appearance indicates vigor; he is thirty-six inches around the breast; percussion gives a clear sound over the whole surface of the chest; he is not inclined to a cough on taking cold; his pulse is about seventy per minute; the ratio between respiration and pulsation is about one to two; the action of the heart is uniform, free, unobstructed, and healthy." The physician's report is varied, according to circum stances. 5. There are certain conditions annexed to the policy which will render the policy void. If the insured go into certain unhealthy climates, without permission of the company, or enter into the military service, or into the naval service, or commit suicide, or die in a duel, or die by the hand of justice, the policy will become void. If he become insane, and commit suicide, the policy will not be void. state in reference to his father, mother, brothers, and sisters? What examination generally follows? What description does the physician give of the applicant? How is the physician's report varied? 5. What is the effect if certain conditions annexed happen? What are these conditions? What is the effect if the insured become insane, and commit suicide? 13* CHAPTER LXXXI. THE LOGIC OF PLEADING. 1. In every State there is a power to enforce every right, to redress every wrong, and to punish every public offence. This power is reposed in the hands of judges and magistrates, duly authorized to issue process for bringing the parties before them, and to hold courts for the purpose of hearing and determining all matters in controversy between the parties. The forms adopted in the several States for obtaining remedies and punishing crimes are nearly the same, although they differ in some minor points. The practice and pleadings, as they existed in the colonies before the Revolution, are still retained in some of the States. In other States, a new code has been adopted, by which the former practice and pleadings are slightly simplified and abridged. 2. Pleading is the most instructive and important single title in the law. The most simple of judicial remedies cannot be obtained without the aid of pleadings. The science of pleading comprises that series of rules which regulate the formal statement of the matters alleged on the one side and denied on the other, leading to, and constituting, the issue on which the controversy depends. The great object at which this science aims is a clear, logical, and legal disposition of the controverted points, so as to reduce them to simple propositions, capa 1. What power exists in every State? In whose hands is this power reposed? What are the judges and magistrates authorized to do? Are the forms for obtaining remedies and punishing crimes the same in all the States? What is still retained in some of the States? In other States, what has been adopted? 2. What is said of the importance of pleading? What cannot be ob tained without pleading? What does the science of pleading comprise? What is the object at which the science aims? If one is acquainted ble of being tested by the proofs of the contending parties. It is impossible to be acquainted with the mode of pleading, and at the same time be ignorant of the law of the case. It is the application of the legal principles to the facts of the case. Pleading, in civil actions, consists of the formal allegations offered on the one side, for the purpose of maintaining the action; and denials offered on the other side, for the purpose of defeating the action. The wisdom of ages agrees in the sentiment, that good pleading is the perfection of human reason. 3. The averment of facts on either side presupposes some principle or rule of law applicable to the facts alleged, and which, taken in connection with the facts, constitute the plaintiff's claim or defendant's defence. Every right of action and every defence results from matters of fact and matters of law combined. In every complaint, some legal proposition is necessarily implied. All that a party submits to the court, by alleging facts, is the legal operation of the facts. For the purpose of deciding the legal operation, a rule of law must always be tacitly supplied or understood. These rules are found to involve a body of principles constituting a complete system of legal logic. All pleading is essentially a logical process. By analyzing any good pleading, we shall find in it the elements of a good syllogism. If an action is brought for trespass, and the complaint be analyzed, and arranged in the form of a syllogism, we have for the MAJOR PROPOSITION. "Against him who forcibly enters on my land, I have a right, by law, to recover damages." with the mode of pleading, of what will he not be ignorant? To what is it the application of legal principles? Of what does pleading, in civil actions, consist? In what sentiment does the wisdom of ages agree? 3. What does the averment of facts on either side presuppose? From what does every right of action and every defence result? What is implied in every complaint? What is all that a party submits to the court by alleging facts? For the purpose of deciding the legal operation, what must be supplied? What are these rules found to involve? What is all pleading essentially? By analyzing any good pleading, MINOR PROPOSITION. "The defendant has forcibly entered on my lands." CONCLUSION. "I have a right to recover damages against the defendant." The decision of the court is only a reaffirmance of the conclusion. 4. The plaintiff's alleged right to recover may be contested by the defendant, by a denial of either of the propositions, or of the conclusion. The denial of either is a complete denial of the plaintiff's claim, and the defendant is generally allowed to deny only one. If he denies one successfully, he attains the same object which he could attain in denying all. If the defendant deny the major proposition, which consists of matter of law, the denial forms an issue of law, or a demurrer. If the defendant deny the minor proposition, which consists of matter of fact, the denial forms an issue of fact. If the major proposition be correct, and the minor proposition be true in point of fact, the conclusion must inevitably follow; unless the defendant can repel it, by alleging some new matter which avoids it, and which implies a denial of it. There is no form of direct denial, in which the conclusion can be answered. 5. Let us suppose that the plaintiff has released his cause of action to the defendant, and that the release is new matter on which the defendant relies for defeating what shall we find in it? If an action be brought for trespass, and the complaint be analyzed and arranged in the form of a syllogism, what would be the major proposition? What would be the minor proposition? What would be the conclusion? What is the decision of the court? 4. How may the plaintiff's alleged right to recover be contested by the defendant? Is defendant generally allowed to deny more than one? If he deny one successfully, what is the effect? If the defendant deny the major proposition, what does the denial form? If he deny the minor proposition, what does the denial form? If the major proposition be correct, and the minor proposition be true, what follows? Is there any form of direct denial in which the conclusion can be answered? 5. If we suppose that the plaintiff has released his cause of action, and the answer be reduced to a syllogism, what would be the major propo sition? What would be the minor proposition? What would be the the action. The answer, if reduced to a syllogism, would stand in this form: MAJOR PROPOSITION. "If he on whose lands I have CONCLUSION. "The plaintiff has, by law, no right to recover damages against me, for the trespass." The plaintiff has now a right to reply, by denying either of the propositions, or the conclusion contained in defendant's answer. If he cannot successfully deny one of the three, his action must fail. Let us suppose that the release was obtained by fraud. This is new matter, by which the plaintiff proposes to overthrow the defendant's conclusion. This reply, arranged in the form of a syllogism, would be as follows: MAJOR PROPOSITION. 66 A release obtained by fraud does not, in law, destroy any pre-existing right to recover damages." MINOR PROPOSITION. "The release pleaded in defendant's answer was extorted from plaintiff by fraud." CONCLUSION. "Therefore, the release does not de stroy any right to recover damages against the defendant." 6. Each party has a right to allege new matter in any stage of the pleadings, as long as he has occasion to answer new matter. The right of electing between the three conclusion? What has plaintiff now a right to do? If he cannot suc cessfully deny one of the three? What is now supposed? If this new matter be introduced into the reply, and the reply be reduced to a syllogism, what would be the major proposition? What would be the minor proposition? What would be the conclusion? 6. How long has each party a right to allege new matter? How long is the right of electing between the three modes of meeting the adversary's allegations continued to each party? What does an issue pre |