DECLARATION. In Pleading. A specifi cation, in a methodical and logical form, of the circumstances which constitute the plain tiff's cause of action. 1 Chit. Pl. 248; Co. Litt. 17 a, 303 a; Bacon, Abr. Pleas (B); Comyns, Dig. Pleader, C, 7; Lawes, Pl. 35; Steph. Pl. 36; Dixon v. Sturgeon, 6 S. & R. (Pa.) 28.
In real actions, It is most properly called the count; in a personal one, the declaration; Steph. Pi. 36; Doctr, Plac. 83; Lawes, Pl. 33. See Fitzb. N. B. 16 a, 60 d. The latter, however, is now the general term,—being that commonly used when re ferring to real and personal actions without dis tinction ; 3 Bouvier, Inst. n. 2815.
In an action at law, the declaration answers to the bill in chancery, the libel (narratio) of the civilians, and the allegations of the ecclesiastical courts.
It may be general or special: for example, in debt on a bond, a declaration counting on the penal• part only is general; one which sets out both the bond and the condition and assigns the breach is special; Gould, Pl. a 4, § 50.
The parts of a declaration are the title of the court and term ; the venue, see VENUE; the commencement, which contains a state ment of the names of the parties and the character in which they appear, whether in their own right, the right of another, in a political capacity, etc., the mode in which the defendant has been brought into court, and a brief recital of the form of action to be proceeded in ; 1 Saund. 318, n. 3, 111; 6 Term 130; the statement of the cause of ac tion, which varies with the facts of the case and the nature of the action to be brought, and which may be made by means of one or of several counts ; 3 Wils. 185; Neal T. Lewis, 2 Bay (S. C.) 206, 1 Am. Dec. 640; one count may incorporate, by reference, cer tain general averments which are in a pre vious count in the same pleading ; Green v. Clifford, 94 Cal. 49, 29 Pac. 331; see Comer the conclusion, which in personal and mixed actions. should be to the damage (ad domi num, which title see) of the plaintiff ; Com yns, Dig. Pleader (C, 84) ; 10 Co. 116 h, 117 s; 1 M. & S. 236; unless in wire facias and in penal actions at the suit of a common in former, but which need not repeat the ca pacity of the plaintiff ; Martin v. Smith, 5 Binn. (Pa.) 16, 21, 6 Am. Dec. 395 ; the pro Pert of letters testamentary in case of a suit by an executor or administrator ; Bacon, Abr. Executor (C); Doug]. 5, n.; Webb v.
Danforth, 1 Day (Conn.) 305; and the pledg es of prosecution, which are generally dis used, and, when found, are only the ficti tious persons, John Doe and Richard Roe.
The requisites or qualities of a declaration are that it must correspond with the pro cess; and a variance in this respect was formerly the subject of a plea in abatement, see ABATEMENT ; it must contain a state ment of all the facts necessary in point of law to sustain the action, and no more; Co. Litt. 303 a; Plowd. 84, 122; . Pep. Pl. .8. See Coffin v. Coffin, 2 Mass. 363 ; Cowp. 682 ; 6 East 422; Viner, Abr. Declaration; Barrett v. Lingle, 45 La. Ann. 935. The omission of a complaint to allege a material fact is ed where such fact is shown by the answer.
The circumstances must be stated with certainty and truth as to pan-ties; Bentley v. Smith, 3 Cai. (N. Y.) 170; 1 M. & S. 304; Simonds v. Speed, 6 Rich. (S. C.) 390; son v. Alexander, 8 Tex. 109 ; Totty's Ex'r v. Donald, 4 Munf. (Va.) 430; time of occur rence, and in personal actions it must, in general, state a time when every material or traversable fact happened; Atlantic Mut. Fire Ins. Co. v. Sanders, 36 N. H. 252 ; Gi ven v. Swadley, 3 Ind. 484; Haven v. Shaw, 23 N. J. L. 309; Hyslop v. Jones, 3 McLean, 96, Fed. Cas. No. 13,953; and when a venue is necessary, time must also be mentioned; 5 Term 620; Com. Dig. Pleader (C. 19); Barnes v. Matteson, 5 Barb. (N. Y.) 375; though the precise time is not material ; U. S. v. Vigo], 2 Dall. (U. S.) 346, 1 L. Ed. 409; Cheetham v. Lewis, 3 Johns. (N. Y.) 43; Simpson v. Talbot, 25 Ala. 469; unless it constitute a material part of the contract declared upon, or where the date, etc., of a written contract is averred; 2 Campb. 307; Atlantic Mut. Fire Ins. Co. v. Sanders, 36 N. H. 252; Haven v. Shaw, 23 N. J. L. 309 ; or in ejectment, in which the demise must be stated to have been made after the title of the lessor of the Plaintiff and his right of entry accrued ; 2 East 257; Van Alen v. Rogers, 1 Johns. Cas. (N. Y.) 283, 1 Am. Dec. 113 ; the place, see and, generally, as to particulars of the demand, sufficient to enable the defend ant, to ascertain precisely the plaintiff's claim; 2 B. & P. 265 ; 2 Saund. 74 b; Posey v. Hair, 12 Ala. 567; Van Rensselaer v. Jones, 2 Barb. (N. Y.) 643 ; Corey v. Bath, 35 N. H. 530; Heirn v. McCaughan, 32 Miss. 17, 66 Am. Dec. 588; Fulwood v. Graham, 1 Rich (S. C.) 493.