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Free Books / Society / Law / Law Pleading, Code Pleading, Federal Procedure, Evidence / | ![]() |
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Section 46. Certain Miscellaneous Rules |
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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) The declaration must be conformable to the writ.
(2) The declaration should have its proper commencement, and should in conclusion, lay damages.
(3) Pleas must be pleaded in due order.
(4) Pleas in abatement must give the plaintiff a better writ, or declaration; i. e., the plea must correct the mistake of the plaintiff so as to enable him to avoid the same mistake in framing a new writ, or declaration.
(5) Dilatory pleas must be pleaded at a preliminary stage in the suit.
(6) In all pleadings where a deed is alleged under which the party claims or justifies, profert of such deed must be made.
(7) All pleadings ought to be true.
 
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