 That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.  The Pacific Reporter - Page 571896Full view - About this book
 | Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 pages
...defendants ; also, a statement of the facts constituting the cause, or causes of action in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended, and a demand of the relief to which the plaintiff may... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1872 - 752 pages
...the jurisdiction of the court, and at some time prior to the time of finding the indictment. Third. That the act or omission charged as ,the offense,...certainty as to enable the court to pronounce judgment on conviction, according to the right of the case." Thi'3 indictment is not susceptible to objection... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1873 - 782 pages
...indictment is sufficient if it can be understood therefrom : That the act or omission, charged as an offense, is stated with such a degree of certainty as to enable the court to pronounce judgment on conviction, according to the rights of the case. In this, and in other similar provisions, the legislature... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1855 - 850 pages
...statement of the facts constituting the offence, in ordinary and concise language, without prolixity or repetition : and in such a manner as to enable a person of common understanding to know what was intended", &c. Does the indictment before us conform to these... | |
 | New York (State). Legislature - Law - 1848 - 672 pages
...him, or any knowl- ^J° edge thereof sufficient to form a belief; arid he may allege, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended, any new matter not inconsistent •with the complaint,... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - Commerce - 1848 - 726 pages
...(§§ 136, 137.) These provisions, with the general one that allegations must be " in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended, are absolutely the only important rules of pleading... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...controverted by him, or any knowledge thereof sufficient to form a belief; and he may allege, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended, any new matter not inconsistent with the complaint,... | |
 | Commerce - 1848 - 696 pages
...(§§ 136, 137.) These provisions, wilh the general one that allegations must be " in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended, are absolutely the only important rules of pleading... | |
 | Missouri - 1848 - 718 pages
...sufficient to form a belief. 2. A statement of any new matter constituting a defence, iri ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended. The defendant may set forth in his answer as many grounds... | |
 | Nathan Howard (Jr.) - Civil procedure - 1851 - 452 pages
...sufficient to form a belief. 2d. A statement of any new matter constituting a defence in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended. (§ 129.) The Defendant may set forth in his answer... | |
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