That every pleading must be an answer to the whole of what it adversely alleged.

That every pleading is taken to confess such traversable matters alleged on the other side as it does not traverse, but dilatory pleas and pleas by estoppel are exceptions, as also a new assignment.

(b.) That, upon a traverse, issue must be tendered.

(c.) That an issue well tendered must be accepted.

II. The rule which tends to secure the materiality of the issue is:

(a.) That all pleadings must contain matters pertinent and material; for a traverse must not be taken of an immaterial point, and a traverse must be neither too large nor too

narrow.

III. The rules which tend to produce singleness or unity in the issue are:

(a.) That pleadings must not be double.

(b.) But it is allowable both to plead and to demur to the same matter by leave of the courts or a judge.

IV. The rules which tend to produce certainty or particularity in the issue are:

(a.) That the pleadings must have certainty of place

(b.) That the pleadings must have certainty of time.

(c.) That the pleadings must specify quality, quantity and value.

(d.) That the pleadings must specify the names of persons whether parties to the suit or parties of whom mention is made in the pleading.

(e.) That the pleadings must show title.

(f.) That the pleadings must show authority.

(g) That, in general, whatever is alleged in pleadings must be alleged with certainty.

The rules which tend to certainty are limited and restricted by the following subordinate rules:

It is not necessary in pleading to state that which is merely matter of evidence.

It is not necessary in pleading to state that matter of which the court takes notice ex officio.

It is not necessary to state matter which should come more properly from the other side.

It is not necessary to allege circumstances necessarily implied.

It is not necessary to allege what the law will presume.

A general mode of pleading is allowed where great prolixity is thereby avoided.

A general mode of pleading is often sufficient where the allegation on the other side must reduce the matter to certainty.

No greater particularity is required than the nature of the thing pleaded will conveniently admit.

Less particularity is required when the facts lie more in the knowledge of the opposite party than of the party pleading.

Less particularity is necessary in the statement of the matters of inducement or aggravation than in the main allegations.

With respect to acts valid at common law, but regulated as to the mode of performance by statute, it is sufficient to use such certainty of allegation as was sufficient before the statute.

V. The rules which tend to prevent obscurity and confusion in pleading are:

(a.) That the pleading must not be insensible or repugnant. (b.) That the pleadings must not be ambiguous or doubtful in meaning; and when two different meanings present themselves that construction shall be adopted which is the more unfavorable to the party pleading.

(c.) That the pleadings must not be argumentative.

(d.) That the pleadings must not be hypothetical or in the alternative.

(e.) That the pleadings must not be by way of recital, but must be positive in their form.

(f.) That things are to be pleaded according to their legal effect or operation.

(g.) That the pleadings should observe the ancient and known forms of expression, as contained in approved precedents.

(h.) But formal commencements and conclusions are dispensed with.

(i.) That a pleading which is bad in part is bad altogether. VI. The rules which tend to prevent prolixity and delay in pleading are:

(a.) That there must be no departure in pleading.

(b.) That where a plea amounts to the general issue it should be so pleaded.

(c.) That surplusage is to be avoided.

VII. The other miscellaneous rules are:

(a.) That the declaration must be conformable to the writ. (b.) That the declaration shall have its proper commencement, and should in conclusion lay damages and allege production of suit.

(c.) That pleas must be pleaded in due order.

(d.) That pleas in abatement must give the plaintiff a better writ or declaration.

(e.) That dilatory pleas must be pleaded at a preliminary stage of the suit.

(f.) But pleadings do no longer conclude to the country, or with a verification.

(g) And profert of a deed is dispensed with.

(h.) That all pleadings must be properly entitled.

(i.) That all pleadings ought to be true.

The order of pleadings at common law, in all actions

except replevin, is as follows:

(1.) Declaration.

(2.) Plea.

(3.) Replication.

(4.) Rejoinder.

(5.) Sur-rejoinder. (6.) Rebutter.

(7.) Sur-rebutter; after which the pleadings have no distinctive names, for beyond this stage they are very seldom found to extend.

The pleadings 1, 3, 5, and 7 emanate from the plaintiff; the remainder, from the defendant.

The pleadings in replevin are as follows:

(1.) Plaint or declaration.

(2.) Avowry, cognizance, or plea of non cepit. (3.) Plea in bar.

(4.) Replication, etc., the ordinary name of each pleading being postponed by one step.

The pleadings in equity are thus arranged:

(1.) Bill of information.

(2) Answer, plea, demurrer, or disclaimer.

(3.) Replication.

The pleadings in criminal law are:

(1) Indictment or information.

(2.) Plea or demurrer.

(3.) Similiter or joinder.

The pleadings in ecclesiastical causes are:

(I.) In criminal causes.

(a.) The articles.

(II.) The plenary causes, not criminal.

(a.) The libel.

(III.) In testamentary causes.

(a.) The allegation.

Every subsequent plea, in all causes and by whatever party