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56-4-21 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Plea in Action on Insurance Policy; Statement Specifying Particular Defense |
To any declaration or count on a policy of insurance, whether the same be in the form prescribed by section seventeen of this article or not, and whether the ac… |
Proofed
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56-4-22 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Same; Joinder in Issue; Statement Specifying Matter in Waiver, Estoppel, or Confession and Avoidance |
Upon the plea mentioned in the next preceding section, the plaintiff may join issue without other pleading. But if the plaintiff intends to rely upon any matter… |
Proofed
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56-4-23 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Failure to File Statement; Insufficient Statement; Amendment; Exclusion of Evidence of Party in Default; Sufficiency of Statement |
If either party to such action or motion fail to file any statement required of him by the four preceding sections of this article, or by the other party pursua… |
Proofed
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56-4-24 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Right to Amend in General |
The plaintiff may of right amend his declaration or bill at any time before the appearance of the defendant; and, notwithstanding such appearance, in any action… |
Unreviewed
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56-4-25 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Amended Declaration or Bill, Supplemental Bill, or Bill of Revivor, in Vacation |
The plaintiff may also, at any time before or after the appearance of the defendant, in vacation of the court wherein the action or suit is pending, file in the… |
Proofed
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56-4-26 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Amendment After Demurrer Sustained |
If a demurrer be sustained to a declaration or bill, the plaintiff, upon giving notice to the defendant or defendants who have appeared or to their counsel, may… |
Proofed
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56-4-27 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Amendment to Cure Variance Between Pleading and Proof |
If at the trial of any action or motion, there appears to be a variance between the evidence and allegations or recitals, the court, if in its opinion substanti… |
Proofed
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56-4-28 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Continuance and Costs After Amendment |
If substantial amendment of any pleading is made, the court shall enter such order as to continuance as shall seem fair and just. But the trial of an action at … |
Proofed
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56-4-29 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Misnomer; Amendment |
No plea in abatement for a misnomer shall be allowed in any action; but in a case wherein, but for this section, a misnomer would have been pleadable in abateme… |
Proofed
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56-4-30 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Plea in Abatement for Defects in Writ or Return; Variance from Declaration; Void Process |
In other cases, a defendant on whom process summoning him to answer in any suit or action appears to have been served shall not take advantage of any defect in … |
Proofed
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56-4-31 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Plea in Abatement for Want of Jurisdiction |
Where the declaration or bill shows on its face proper matter for the jurisdiction of the court, no exception for want of such jurisdiction shall be allowed unl… |
Proofed
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56-4-32 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Verification of Plea in Abatement and of Non Est Factum; Plea in Abatement May be Pleaded and Verified by Attorney or Agent of Defendant |
No plea in abatement or plea of non est factum shall be received unless it be verified by affidavit. And in all cases, including those wherein the defendant is … |
Proofed
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56-4-33 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Time for Filing Plea in Abatement |
No plea in abatement shall be received after the defendant has demurred, pleaded in bar, or answered to the declaration or bill, or later than the next succeedi… |
Proofed
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56-4-34 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Misjoinder and Nonjoinder of Parties |
No action or suit shall abate or be defeated by the misjoinder or nonjoinder of parties, plaintiff or defendant. Whenever such misjoinder shall be made to appea… |
Proofed
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56-4-35 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Verdict and Judgment as to Particular Defendants; Costs |
If, in an action at law, to which one or more parties defendant have been added under the provisions of the preceding section, it shall appear by the subsequent… |
Proofed
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56-4-36 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Scope of Demurrer; Objections to Filing of Pleadings for Insufficiency Abolished; Form of Demurrer; Grounds; Argument |
The sufficiency of any pleading, in law or equity, may be tested by a demurrer. Objections to the filing of any pleading, because of insufficiency, are abolishe… |
Proofed
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56-4-37 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Defects Disregarded on Demurrer |
On a demurrer (unless it be to a plea in abatement), the court shall not regard any defect or imperfection in the declaration or other pleading, whether it has … |
Proofed
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56-4-38 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Pleading in Abatement and in Bar at Same Time; Trial of Issues |
The defendant may plead in abatement and in bar at the same time, but the issue on the plea in abatement shall be first tried, and if such issue be found agains… |
Proofed
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56-4-39 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Pleading Several Defenses; Demurrer and Special Replications to Special Plea |
The defendant in any action or suit may plead as many several matters, whether of law or fact, as he shall think necessary, except that if he plead the plea of … |
Proofed
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56-4-40 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Commencement of Plea |
No formal defense shall be required in a plea. It may commence as follows: “The defendant says that.” |
Proofed
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56-4-41 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Unnecessary Allegations in Pleas, Etc |
In a plea, replication or subsequent pleading, intended to be pleaded in bar or in maintenance of the action, it shall not be necessary to use any allegation of… |
Proofed
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56-4-42 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Omission of Protestation |
No party shall be prejudiced by omitting a protestation in any pleading. |
Proofed
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56-4-43 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Conclusion of Traverse |
All special traverses or traverses with an inducement of affirmative matter shall conclude to the country. But this regulation shall not preclude the opposite p… |
Proofed
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56-4-44 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
When Parties May Proceed Without Similiter or Joinder in Demurrer |
When any party takes issue on another party’s pleading, or traverses the same, or demurs, so that such other party is not let in to allege any new matter, no si… |
Proofed
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56-4-45 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Unnecessary Allegations in Second or Other Plea |
It shall not be necessary to state in a second or other plea that it is pleaded by leave of the court, or according to the form of the statute, or to that effec… |
Proofed
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56-4-46 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Pleading Denying Execution of Writing, or Entry or Genuineness of Judgment or Decree |
Where a declaration or other pleading alleges that any person made, indorsed, assigned or accepted any writing, it shall not be necessary to prove such fact unl… |
Proofed
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56-4-47 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Plea Denying Partnership; Form of Denial of Corporate Existence |
Where plaintiffs or defendants sue or are sued as partners, and their names are set forth in the declaration or bill, or where a plaintiff or defendant sues or … |
Proofed
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56-4-48 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Judgment or Decree by Confession |
In any action or suit instituted by process a defendant may, in the vacation of the court, and whether the action or suit be on the court docket or not, confess… |
Proofed
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56-4-49 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Failure to Plead, Answer or Demur; Rule to Plead; Conditional Judgment or Decree Nisi; Judgment or Decree by Default; Order for Inquiry of Damages |
If a defendant, who appears, fail to plead, answer or demur to the declaration or bill, a rule may be given him to plead. If he fail to appear at the rule day a… |
Proofed
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56-4-50 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
When Inquiry of Damages Unnecessary |
There need be no such inquiry in any action upon a bond or other writing for the payment of money, which by its terms ascertains the amount to be paid thereunde… |
Proofed
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56-4-51 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Office Judgment; Affidavits by Plaintiff and Defendant; Judgment |
Every judgment entered in the clerk’s office in a case wherein there is no order for an inquiry of damages, and every nonsuit or dismission entered therein, sha… |
Proofed
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56-4-52 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Setting Aside Such Judgment; Trial |
If a defendant against whom a judgment is entered in the office, whether an order for an inquiry of damages has been made therein or not, shall, before the end … |
Proofed
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56-4-53 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Hearing as to Defendants Served; Discontinuance |
Where, in any action against two or more defendants, the process is served on part of them, the plaintiff may proceed to judgment as to any so served, and eithe… |
Proofed
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56-4-54 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Form of Bill of Complaint |
The plaintiff’s bill may be in form or in substance as follows:
{{FIGURE type=form page=1377 id=56-4-54~fig1 note="Bill of complaint"}}
The bill of complaint … |
Proofed
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56-4-55 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Jury Trial of Issue Upon Plea in Equity |
A plaintiff in equity may take issue upon a plea, and either party may have such issue tried by a jury. |
Proofed
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56-4-56 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Argument of Plea or Demurrer in Equity; Time to Answer After Demurrer Overruled; Proceeding on Default; Status of Answer Filed in Vacation |
A plaintiff in equity may have any plea or demurrer set down to be argued. If the same be overruled, no other plea or demurrer shall afterwards be received, but… |
Proofed
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56-4-57 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Time to Answer, in General |
A defendant may file his answer at any time before final decree, unless required to file it sooner under section fifty-six of this article, or by a proper rule … |
Proofed
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56-4-58 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Claim in Answer for Affirmative Relie Special Reply |
A defendant in a suit in equity may, in his answer, allege any new matter constituting a claim for affirmative relief in such suit against the plaintiff or any … |
Proofed
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56-4-59 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Answer Asking Affirmative Relief Equivalent to Cross-Bill |
When a defendant in equity in his answer alleges new matter constituting a claim to affirmative relief, the case shall be decided upon the same principles, and … |
Proofed
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56-4-60 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Admissions in Equity by Failure to Deny |
Every material allegation of the bill not controverted by an answer, and every material allegation of new matter in the answer constituting a claim for affirmat… |
Proofed
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56-4-61 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Proof of Allegations Denied by Answer |
When a defendant in equity shall, in his answer, deny any material allegation of the bill, the effect of such denial shall only be to put the plaintiff on satis… |
Proofed
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56-4-62 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Verification of Pleadings in Equity |
If the plaintiff desire the defendant to answer the bill on oath, he must verify his bill by affidavit, and if the bill be so verified, the defendant must in li… |
Proofed
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56-4-63 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Appearance of Corporation by Attorney; Verification of Pleading |
Any corporation may appear, plead or answer by attorney in any action, suit or proceeding for the same purposes, in the same manner and form and to the same ext… |
Proofed
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56-4-64 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Form of Verification of Pleading |
The verification of any pleading may be by the pleader or some other credible person. The verification, when by the plaintiff or defendant, may be in form or ef… |
Proofed
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56-4-65 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Exceptions to Answers for Insufficiency Abolished; Demurrer; Amended Answer; Procedure if Insufficient |
Exceptions to answers for insufficiency are abolished. The test of sufficiency shall be made by a demurrer; if found insufficient, but amendable, the court may … |
Proofed
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56-4-66 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Attachment or Order to Answer Interrogatories |
Although a bill be taken for confessed as to any defendant, the plaintiff may have an attachment against him, or an order for him to be brought in to answer int… |
Proofed
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56-4-67 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Insufficient Answer After Rule |
If a defendant, after process of contempt, put in an answer which is adjudged insufficient, the plaintiff may proceed with the process of contempt, as if no ans… |
Proofed
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56-4-68 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Setting Cause in Equity for Hearing |
Whenever a suit in equity is matured at rules as to all of the defendants, it shall be the ex officio duty of the clerk, as soon as the same is matured, to set … |
Unreviewed
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56-4-69 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Hearing as to One Defendant; Rule Mature Cause |
If a suit in equity be set for hearing as to any defendant, it shall be heard as to him, unless his interests be so connected with those of other defendants in … |
Proofed
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56-4-70 |
Ch. 56 — PLEADING AND PRACTICE |
Rules and Pleading |
Control by Court Over Proceedings in Office During Vacation |
The court shall have control over all proceedings in the office during any preceding vacation. It may reinstate any cause discontinued during such vacation, set… |
Proofed
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