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Free Books / Society / Law / Law Pleading, Code Pleading, Federal Procedure, Evidence / | ![]() |
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Section 44. Rules Tending To Prevent Obscurity And Confusion |
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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 insensible, or repugnant; i. e., they must be intelligible, and consistent with themselves.
(2) Pleadings must not be ambiguous, or doubtful in meaning, and when two constructions present themselves, that one shall be adopted which is most unfavorable to the party pleading.
(3) Pleadings, must not be argumentative; i. e., they must state facts in an absolute form, and not leave them to be collected by inference and argument.
(4) Pleadings must not be hypothetical, or in the alternative.
(5) Pleading must not be by way of recital, but must be positive in form.
(6) Things are to be pleaded according to their legal effect and operation.
(7) Pleadings should have their proper formal commencements and conclusions.
(8) A pleading which is bad in part is bad altogether.
 
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