LIBEL. In Practice. The plaintiff's petition or allegation, made and exhibited in a judicial process, with some solemnity of law.
A written statement by a plaintiff of his cause of action, and of the relief he seeks to obtain in a suit. Law, Eccl. Law, 17 ; Ayliffe, Par. 346 ; Shelford, Marr. & D. 506 ; Dunlap, Adm. Pract. 111. It performs substantially the same office in the ecclesiastical courts, and those courts which follow the practice of the ecclesiastical courts, as the bill in chan cery and the declaration in common-law prac tice.
2. The libel should be a narrative, spe cific, clear, direct, certain, not general nor alternative. 3 Law, Eccl. Law, 147. It should contain, substantially, the following requisites: the name, description, and addi tion of tbe plaintiff, who makes his demand by bringing his action ; the name, descrip tion, and addition of the defendant ; the name of the judge, with a respectful designa tion of his office and court; tbe thing or relief, general or special, which is demanded in the suit ; the grounds upon which the suit is founded.
3. The form of a libel is either simple or articulate. The simple form is when the cause of action is stated in a continuous nar ration, when the cause of action can be briefly set forth. The articulate form is when the cause of action is stated in distinct allegations or articles. 2 Law, Eccl. Law, 148 ; Hall, Adm. Pract. 123 ; 7 Cranch, 349. The material facts should be stated in distinct articles in the libel, with as much exactness and attention to times and circumstances as in a declaration at common law. 4 Mas. C. C. 541.
4. Although there is no fixed formula for libels, and the courts will receive such an in strument from the party in such form as his own skill or that of his counsel may enable him to give it, yet long usage has sanctioned forms, which it may be most prudent to adopt. The parts and arrangement of libels com monly employed are: First, the address to the court : as, To the Honorable John K. Kane, Judge of the district court of the United States within and for the eastern district of Pennsylvania.
5. Second, the names and descriptions of the parties. Persons competent to sue at common law may be parties libellants; and similar regulations obtain in the admiralty courts and the common-law courts respecting those disqualified from suing in their own right or name. Married women prosecute lay their husbands, or by prochein ami, when the husband has an adverse interest to hers ; minors, by guardians, tutors, or prochein ami ; lunatics and persons non compos mentis, by tutor, guardian ad litem, or committee ; the rights of deceased persons are prosecuted by executors or administrators; and corpo rations are represented and proceeded against as at common law.
Third, the averments or allegations set ting forth the cause of action. These should be conformable to the truth, and so framed as to correspond with the evidence. Every fact requisite to establish the libellant's right should be clearly stated, so that it may be directly met by the opposing party by admis sion, denial, or avoidance: this 18 the more necessary, because no proof can be given, or decree rendered, not covered by and con formable to the allegations. 1 Law, Eccl. Law, 150 ; Hall, Pract. 126 ; Dunlap, Adm. Pract. 113 ; 7 Cranch, 394 ; 21 How. Pra.ct. 343.
6. Fourth, the conclusion, or prayer for relief and process : the prayer should be for the specific relief desired ; for general relief, as is usual in bills in chancery; the conclu sion should also pray for general or particular proems. Law, Eccl. Law, 149. And see 3 Mas. C. C. 503.
Interrogatories are sometimes annexed to the libel : when this is the case, there is usually a special prayer, that the defendant may be required to answer the libel, and the interrogatories annexed and propounded. This, however, is a dangerous practice, be cause it renders the answers of the defendant evidence, which must be disproved by two witnesses, or by one witness corroborated by very strong circumstances.