3. The form of statement should be accord ing to the established forms. Coke, Litt. 303 ; 6 East, 351; 8 Coke, 48 b. This is to be considered as, in general, merely a .rule of aution, though it is said the courts disapprove a departure from the well-established Lame of pleading. 1 Chitty, Plead. 212. In most of the states of the United States, and in England since 1852, many radical changes have been introduced into the law of plead. ing : still, it 'is apprehended that a reason. able regard to the old forms will be profit able, although the names of things may be changed. See 3 Shasswood, Blackst. Comm. 301, n. ; 3 Cal. 196; 28 Miss. 766 ; 14 B, Monr. Ky. 83. In general, it may be said that the facts should be stated logically, in their natural order, with certainty, that is, clearly and distinctly, so that the party who is t,o answer, the court, and the jury may readily understand what is meant, Cowp. 682 ; 2 I3os. P. 267 ; Coke, Litt. 303; 13 East, 107 ; 33 Miss. 669 ; 1 Hempst. Ark. 238, with precision, 13 Johns. N. Y. 437; 19 Ark. 695 ; 5 Du. N. Y. 689, and with brevity. 36 N. H. 458 ; 1 Chitty, Plead. 212. The facts stated must not be insensible or repug nant, 1 Salk. 324 ; 7 Coke, 25 ; 25 Conn. 431 ; 5 Blackf. Ind. 339, nor ambiguous or doubtful in meaning, 5 Maule & S. 38 ; Yelv. 36, nor argumentative, Coke, Litt. 303 ; 5 Blackf. Ind. 557, nor by way of recital, 2 Bulstr. 214; Ld. Raym. 1413, and should be stated ac cording to their legal effect and operation. Stephen, Plead. 378-392 ; 16 Mass. 443 ; 12 Pick. Mass. 251 ; 3 Stew. 319.
4. The time within which pleas must be filed is a matter of local regulation, de pending upon the court in which the action is brought. The order of pleading different matters is of importance as affecting the de fendant, who may oppose the plaintiff's suit in various ways. The order is as follows :— First, to the jurisdiction of the court.
Second, to the disability, etc. of the person : first, of the plaintiff ; second, of the defend ant.
Third, to the count or declaration.
Fourth, to the writ : first, to the form of the writ,—first, matter apparent on the face of it, secondly, matter defiors ; second, to the action of the writ.
Fifth, to the action itself in bar.
This is said to be the natural order of pleading, because each subsequent plea ad mits that there is no foundation for the for mer. 13 La. Ann. 147 ; 41 Me. 102 ; 7 Gray, Mass. 38; 5 R. I. 235; 2 Bosw. N. Y. 267 ; 1 Grant, Cas. Penn. 359 ; 4 Jones, No. C. 241; 3 Miss. 704; 20 id. 656; 1 Chitty, Plead. 425. See 16 Tex. 114; 4 Iowa, 158. An excer tion exists where matter is pleaded putt darein continuance, see PLEA ; and wl ere the subject-matter is one over which the court has no jurisdiction, a failure to plead to the puis cannot confer jurisdiction. 10 Serg. R. Penn. 229 ; 17 Tex. 52.
The science of pleading, as it existed at common law, has been much modified by statutory changes ; but, under whatever names it is done,—whether under rules of court, or of the legislative power, by the parties, the court, or the jury,—it is evident that, in the nature of things, the end of pleading must be attained, namely, the production of one or more points of issue, where a single fact is affirmed by one party and denied by the other. 4 Gower, 464. By pleading at the common law, this was done by the par ties ; in the civil law, by the court.
In Criminal Practice, the rules of plead ing are the same as in civil practice. There is, however, less liberty of amendment of the indictment. The order of the defendanes pleading is as follows :—.fii•st, to the juris diction ; second, in abatement ; third, spe cial pleas in bar: as, autrefois acquit, autre fois attain% autrefois convict, pardon ; fourth, the general issue.
See, generally, Lawes, Chitty, Stephen, Gould, Pleading ; 3 Sharswood, Blackst.
.
Comm. 301 et seq. and notes ; Coke, Litt. 303 ; Comyns, Dig. Pleader ; Bacon, Abr. Rea and Pleading.