 | New York (State). - Civil procedure - 1850 - 920 pages
...party, as upon a direct denial, or avoidance, as the case may require. Amended Code, § 168. § 665. A material allegation in a pleading, is one essential to the claim or defence, and which could not be stricken from the pleading, without leaving it insufficient. JVew.... | |
 | Kentucky - Session laws - 1851 - 544 pages
...or of amount of damage, shall not be considered as true, by the failure to controvert them. § 180. A material allegation in a pleading, is one essential...from the pleading without leaving it insufficient. § 181. If either party shall rely upon any deed, or other writing, he shall file with his pleading... | |
 | Kentucky - Law - 1851 - 548 pages
...or of amount of damage, shall not be considered as true, by the failure to controvert them. § ISO. A material allegation in a pleading, is one essential...from the pleading without leaving it insufficient. § 181. If either party shall rely upon any deed, or other writing, he shall file with his pleading... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...allegation in a pleading is one essential to the Material niiega, . ,. Uondcnnrd. claim, or defence, and which could not be stricken from the pleading without leaving it insufficient. SEC. 07. After the decision of a demurrer, and on the payment of AMPter «n*r demurrer. the costs of... | |
 | Oregon - Law - 1855 - 670 pages
...may, on the trial, countervail it by proofs, either in direct denial, or by way of avoidance. SEC. 66. A material allegation in a pleading, is one essential to the claim or defence, and which could not be stricken from the pleading without leaving it insufficient. TITLE X.... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...may require. — [Am. May 15, 1854; US St. 1851, 60; St. 1850. 434; CL 529. Акт. 8ОО, Sec. 66. A material allegation in a pleading is one essential...from the pleading without leaving it insufficient.' Акт. 801, Sec. 67. After demurrer, and before the trial of issue on demurrer, other party may within... | |
 | California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...of the complaint. — /A-nvi/ v. Bowman, 7 Cal., July T. ; Humphreys v. McCall, 8 Cal., Jan. T. 66. A material allegation in a pleading is one essential...from the pleading without leaving it insufficient. 1 . An averment of copartnership is immaterial in a complaint, when the cxeentkm of the note sued on... | |
 | Kansas - Law - 1858 - 482 pages
...Tnat a material allegation in a pleading is one rial allegation. essential to the claim or defence, which could not be stricken from the pleading without leaving it insufficient. suufpfionsneed SEC. 129. That neither presumptions of law, nor matters of the pie'adings'." which judicial... | |
 | Nebraska - Session laws - 1859 - 464 pages
...127. A material allegation in a pleading, is one essenteriai aBegation. tial to the c]aim or defense, which could not be stricken from the pleading, without leaving it insufficient. Presumptions of § *^. Neither presumptions of law, nor matters of which iaw, tc., need judicial notice... | |
 | Kansas - Session laws - 1859 - 726 pages
...138. A material allegation, in a pleading, is one essen- o^m.iwiii .11.tial to the claim or defence, which could not be stricken from the pleading without leaving it insufficient. / ^ SEC. 139. Neither presumptions of law, nor matters of which judicial notice is taken, need be stated... | |
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A material allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient. 
