The Code of Civil Procedure of North Carolina : With Notes And Decisions
The Code of Civil Procedure of North Carolina : With Notes And Decisions
North Carolina
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This formula has become a favorite at the bar, where it is often used with as little appreciation of its real import, as it must have been by the learned Justice In this case. The language of the Code is explicit that not only the forms of pleadings at common law are abolished, but also, that the rules by which the suffi- ciency of pleadings are determined, shall be those prescribed in the Code ItselC TlM eominoM la-vr rales ot pleading.— In actions at law the rules of pleading were designed si...mply to elaborate, in technical language, a con- Digitized by VjOOQIC 76 THE CODE — WITH NOTES AND DECISIONS. The object of the Code was to abolish the different forms of action, and the technical and artificial modes of pleading used at common law, but not to dispense with regularity, certainty and uniformity, which are essential in every system. The plaintiff must state his cause of action with the same substantial certainty that was formerly required in a declaration. Oates v. Gray, 66 — 442.
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