Questions And Answers for Law Students
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Are, matters of inducement proper or necessary in pleadings under the Code ?
They are both proper and necessary where the matters so pleaded are not mere legal fictions. Gould's PI. 42, note ; 2 Wait's Pr. 298.
40. What do you understand by matter of aggravation ?
It is that which, in actions for forcible injuries, is intended to show the circumstances of enormity under which the principal wrong was committed. Gould's PL 42.
41. What is surplusage?
It is that which is impertinent or entirely su...perfluous, as not being necessary either to the substance or form of pleading.
Gould's PI. 43, 142.
42. Is it necessary, in a complaint showing the indebtedness of the defendant to plaintiff, to allege non-payment, or that the right of action is not barred by the statute of limitations ?
It is not. It is neither necessary nor proper to anticipate and avoid in a pleading the defense of the adverse party. Gould's PI. 75; 2 Wait's Pr. 314.
43. If a contract is set up in the complaint which would be void under the statute of frauds if not in writing, is it necessary for the plaintiff to allege that it was in writing ?
What to read after Questions And Answers for Law Students?
You can find similar books in the "Read Also" column, or choose other free books by Baylies, Edwin, 1840-1925 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Are, matters of inducement proper or necessary in pleadings under the Code ?
They are both proper and necessary where the matters so pleaded are not mere legal fictions. Gould's PI. 42, note ; 2 Wait's Pr. 298.
40. What do you understand by matter of aggravation ?
It is that which, in actions for forcible injuries, is intended to show the circumstances of enormity under which the principal wrong was committed. Gould's PL 42.
41. What is surplusage?
It is that which is impertinent or entirely su...perfluous, as not being necessary either to the substance or form of pleading.
Gould's PI. 43, 142.
42. Is it necessary, in a complaint showing the indebtedness of the defendant to plaintiff, to allege non-payment, or that the right of action is not barred by the statute of limitations ?
It is not. It is neither necessary nor proper to anticipate and avoid in a pleading the defense of the adverse party. Gould's PI. 75; 2 Wait's Pr. 314.
43. If a contract is set up in the complaint which would be void under the statute of frauds if not in writing, is it necessary for the plaintiff to allege that it was in writing ?
What to read after Questions And Answers for Law Students?
You can find similar books in the "Read Also" column, or choose other free books by Baylies, Edwin, 1840-1925 to read onlineMoreLess
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