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Pleading

matter, law, matters, party, johns, stated and conn

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PLEADING. The written allegation of what is affirmed on the one side, or denied on the other, disclosing to the court or jury having to try the cause, the real matter in dispute between the parties. Desnoyer v. Hereux, 1 Minn. 17 (Gil. 1).

In Chancery Practice. It consists in mak ing the formal written allegations or state ments of the respective parties on the record to maintain the snit, or to defeat it, of which, when contested in matters of fact, they propose to offer proofs, and in matters of law to offer arguments to the court. Story, Eq. Pl. § 4. The substantial object of pleading is the same, but the forms and rules of pleading are very different, at law and in equity.

The system of pleading in equity was de rived partly from the common law system, but chiefly from that of the civil law as ad ministered in the English ecclesiastical courts. The latter is called the civil-law sys tem, not because it ever prevailed among the ancient Romans, but because it has grown out of tne latest Roman procedure and pre valls generally in those countries which de rive their ,procedure from the Romans. Langdell, Equity Pleading.

See PLEADINGS.

In Common Law Practice. The stating in a logical and legal form the• facts which con stitute the plaintiff's cause of action or the defendant's ground of defence : it is the for mal mode of alleging that on the record which constitutes the support or the defence of the party in evidence. 3 Dougl. 278; Com. Dig. Pleader (A) ; Bac. Abr. Pleas and Pleading. Pleading is used to denote the'act of making the pleadings.

The object of pleading is to secure a clear and distinct statement of the claims of each party, so that the controverted points may be exactly known, examined, and decided, and the appropriate remedy or punishment ad ministered. See Cowp. 682; Dougl. 159. The object is to develop the real issue ; Thomas v. Mann, 28 Pa. 522. A pleading must pro ceed upon some single definite theory, and it must be good upon the theory ou which it proceeds ; Baker v. Ludlam, 118 Ind. 87, 20 N. E. 648. Good pleading consists in good matter pleaded in good form, iu apt time, and due order. Co. Litt. 303. Good matter

includes all facts and circumstances neces sary to constitute the cause of complaint or ground of defence and no more. It does not include arguments or matters of law. But some matters of fact need not be stated, though it be necessary to establish them as facts. Such are, among others, facts of which the courts take judicial notice; see JUDICIAL NoTicE; facts which the law pre sumes; as, the innocence of a party, illegali ty of an act, etc.; 4 Maule & S. 105; Dubois' Ex'rs v. Van Orden, 6 Johns. (N. Y.) 105 ; Weaver v. Nugent, 72 Tex. 272, 10 S. W. 458, 13 Am. St. Rep. 792; Case v. Humphrey, 6 Conn. 130; matters which the other party should plead, as being more within his knowl edge; 1 Sharsw. Bla. Com. 293, n.; 2 H. Bla. 530; Postmaster General v. Cochran, 2 Johns. (N. Y.) 415; People v. Edwards, 9 Cal. 286; mere matters of evidence of facts; 9 Co. 96; Hyatt v. McMahon, 25 Barb. (N. Y.) 457; Griffin v. Chubb, 7 Tex. 603, 58 Am. Dec. 85; unnecessary matter: as, a sec ond breach of condition, where one is suffi cient ; 1 Saund. 58, n. 1; State v. Bank, 33 Miss. 474; Hand v. Taylor, 4 Ind. 409; Morse v. Eaton, 23 N. H. 415 ; see DUPLICITY ; or intent to defraud, when the facts alleged con stitute fraud ; McMahan v. Rice; 16 Tex. 335; irrelevant matter; 1 Chitty, Pl. 209. Such matter may be rejected without damage to the plea, if wholly foreign to the case, or repugnant ; Thomas v. Roosa, .7 Johns. (N. Y.) 462 ; Wilmarth v. Mountford, 8 S. & R. (Pa.) 124; Raymond v. Sturges, 23 Conn. 134; Magee v. Fisher, 8 Ala. 320; but in many cases the matter must be proved as stated, if stated; Jerome v. Whitney, 7 Johns. (N. Y.) 321; U. S. v. Porter; 3 Day (Conn.) 283, Fed. Cas. No. 16,074. The matter must be true and susceptible of proof ; but legal fictions may be stated as facts ; 2 Burr. 667; 4 B. & P. 140. Facts necessarily implied from direct averments will be treated as having been pleaded; Weaver v. Harlan, 48 Mo. App. 319; Wine man v. Hughson, 44 Ill. App. 22; and facts and not conclusions should be pleaded; Ger rity v. Brady, 44 Ill. App. 203.

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