Page:United States Statutes at Large Volume 31.djvu/395

FIFTY-SIXTH CONGRESS. SESSI I. Ch. 786. 1900. 343 Second. In an action arising on contract, any other cause of actionarising also on contract, and existing at the commencement of the action. . ` The defendant may set forth by answer as many defenses and counterclaims as he may have. They s all each be separately stated and refer to the causes of action which they are intende to answer in such manner that they mag be intelligiblg distinguished. - Sec. 65. he efendant may emur to one or more of several causes ,,§§,$,‘}f,‘gg‘_§i,’;*n{f*,f{.{, of action stated in the compla1nt and answer the residue. ‘ ggtigyggaé agrggvsggtgg Sec. 66. Sham, frivolous, and irrelevant answers and defensesmay rest. be stricken out on motion, and upon such terms as the court may in its ,§,Q?§}.s“‘g$,§g‘§ggVgg§ discretion impose.` <>¤ ¤¤¤¤¤¤· CHAPTER NINE. ` OF THE REPLY. V. Sec. Sec. 67. Reply, when made, and what to con- 69. When defendant may move for judgtain. ment on answer. 68. When plaintiff may demur to new 70. When defendant may demur to reply. matter in answer. Sec. 67. When the answer contains new matter, constituting a de- ,,,,'§‘,°,*§,{é,W,f,‘°;},,}’g‘.?‘i,,$ fense or counterclaim, the plaintiff may reply to such new matter, denyini generally or specifically each al egation controverted by him . or any nowledge or information thereof sufficient to form a belief; and he may allege in ordinary and concise language, without repetition, any new matter not inconsistent with the complaint, constituting · a defense to such new_matter in the answer. _ Sec. 68. The plaintiff may demur to an answer containing new mat- del§§,$°,g",§§,’;,*’,‘f,&‘§,”,;{ ter when it appears upon the face thereof that such new matter does i¤ ¤¤¤w¢r- not constitute a defense or counterclaim; or he may, for like cause, demur to one or more of such defenses or counterclaims and reply to the residue. _ · SEo. 69. If the answer contain a statement of new matter, constitut- mfheu d°‘°¤**¤¤'· . . . . . . y move for judg- _ing a defense or counterclaim, and the plaintiff fail to relply or demur ment on answer. thereto within the time prescribed by law or rule of the court, the _ defendant may move the court for such judgment as he is entitled to on the pleadings, and if the case require it he may have .a jury called to assess the damages. _ SEo. 70. The de endant may demur to. any new matter contained in mW¤¤¤ ¤¤f¤¤d¤¤¢ . . ay demur to reply. the reply when it appears 1¥pon the face thereof that such matter IS - not a sufficient reply to the acts stated in the answer. Sham, frivo- i" lous, and irrelevant replies may be stricken out in like manner and onthe same terms as like answers and defenses. I CHAPTER TEN. OF THE GENERAL RULES or PLEADLNG. Sec. •A Sec. 71.— Verification of pleadings. 80. City ordinance, how pleaded. 72. When verification may be omitted. 81. Libel or slander, how leaded. 73. When pleadingsfiled, motion tostrike 82. What may be pleadedj in answer in out. such cases. 74. Manner of pleading an acconmt. 83. Answer in action to recover the pos- 75. How pleadings construed. session of property distrained. 76. Irrelevantan redxmdant matter may 84. What causes of action.may be united be stricken`out. » in same complaint. H 77. Judgments, how (pleaded. 85. Material allegation not denied to be 78. Conditions prece ent, how pleaded. deemed true.` 79. 4Private statute, how pleaded. W I V 86. What is material allegation. SEo. 71. Every pleading shall be- subscribed by the party or his p,g,§§,§;$°“°“ °* attorney, and, except a demurrer, shall also be verified by the party, _