The different pleadings in their order in a common law action are as follows:

1. The Declaration.

2. The Plea.

3. The Replication.

4. The Rejoinder.

5. The Surrejoinder.

6. The Rebutter.

7. The Surrebutter.

After the surrebutter the pleadings have no special names. Of the above named pleadings the declaration, replication, surrejoinder, and surrebutter are by the plaintiff, and the plea, rejoinder, and rebutter by the defendant. The pleadings very seldom continue as far as this point, an "issue" being generally reached at an early stage of the pleading.

1 Tucker vs. United States, 151 U.

S., 168. 2 Hill vs. Mendenhall, 21 Wallace, 455.

3 Little York Gold Washing, etc., Co. vs. Keyes, 96 U. S., 202.