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Free Books / Society / Law / Law Pleading, Code Pleading, Federal Procedure, Evidence / | ![]() |
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Section 42. Rules Tending To Produce A Single Issue |
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This section is from the book "Popular Law Library Vol11 Common Law Pleading, Code Pleading, Federal Procedure, Evidence", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
(1) Pleadings must not be double. This rule, as applied to the declaration, means that it must not, in support of a single demand, allege several distinct matters, by any one of which that demand is sufficiently supported. In regard to the subsequent pleadings the rule means that none of them is to contain several distinct answers to the pleading which precedes it.
The effect of this rule is qualified by allowing the plaintiff to unite several counts in the same declaration. Consequently the defendant can offer different pleas, according to the nature of the different counts.
(2) It is not allowable to plead and demur to the same matter.
 
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