LIBEL (Lat. fiber, a book). In Practice. The plaintiff's written statement of his cause of action and of the relief which he seeks, 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. Ayliffe, Par. 346 ; Shelf. Marr. & D. 506; Dunl. Adm. Pr. 111. It per forms substantially the same office in the ecclesiastical and admiralty courts as the bill does in equity proceedings and the dec laration in common-law practice; Bish. Mar. Div. & Sep. 572. In the United States the practice of the ecclesiastical courts has been continued in the use of the terms libel and libellant in divorce proceedings.
The libel should be a narrative, specific, clear, direct, certain, not general nor alter native; Dunl. Adm. Pr. 113.
The form of a libel is either simple or ar ticulate. The simple form is when the cause of action is stated •in a continuous narration, when it can be briefly set forth. The articu late form is when the cause of action Is stated in distinct allegations or articles; Hall, Adm. Pr. 123; The Hoppet v. U. S., 7 Cra. (U. S.) 394, 3 L. Ed. 380. The material facts should be stated in distinct articles, with as much exactness and attention to times and circumstances as in a declaration at common law; Orne v. Townsend, 4 Mas. 541, Fed. Cas. No. 10,583.
Although there is no fixed formula for libels, and the courts will receive such an instrument from the party in such form,as, his own skill or that of his counsel may en able him to give it, yet long usage has sanc tioned forms, which it may be most prudent to adopt. The parts and arrangement of libels commonly employed are: First, the address to the court.
Second, the names and descriptions of the parties. Persons competent to sue at com mon law may be parties libellants. The same 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 by or with their husbands, or by prochein ami, when the husband has an adverse inter est to hers ; minors, by guardians, tutors, or prochein ami; lunatics and persons non con pos mantis, by tutor, guardian ad Men, or committee; the rights of deceased persons are prosecuted by executors or administra tors; and corporations 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 admission, denial, or avoidance: this is the more necessary, because no proof can be given, or decree rendered, not covered by and conformable to the allegations; Dunl. Adm. Pr. 113; The Hoppet v. U. S., 7 Cm. (U. S.) 394, 3 L. Ed. 380. But the require ments upon these points are not so strict as in cases of declarations at common law; The Hoppet v. U. S., 7 Cra. (U. S.) 389, 3 L. Ed. 380; The Emily, 9 Wheat. (U. S.) 386, 6 L. Ed. 116 ; The Merino, 9 Wheat. (U. S.) 401, 6 L. Ed. 118. In no case is it necessary to assert anything which is matter of de fence ; U. S. v. Hayward, 2 Gall. 485, Fed. Cas. No. 15,336..
Fourth, the conclusion, or prayer for re lief and process: the prayer should be for the specific relief desired ; for general re lief, as is usual in bills in chancery ; the conclusion should also pray for general or particular process ; Jenks v. Lewis, 3 Mas. 503, Fed. Cas. No. 7,279.
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 propound ed. This, however, is dangerous practice, because it renders the answers of the de fendant evidence, which must be disproved by two witnesses, or by one witness corrob orated by very strong, circumstances.