Page:1862 Territory of Dakota Session Laws.pdf/80

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CHAP. VIII.]
CIVIL PROCEDURE.
63

the following classes: 1. The same transaction or transactions connected with the same subject of action. 2. Contracts, express or implied. 3. Injuries, with or without force, to person and property, or either. 4. Injuries to character. 5. Claims to recover the possession of personal property, with or without damages for the withholding thereof. 6. Claims to recover real property, with or without damages for the withholding thereof, and the rents and profits of the same. 7. Claims against a trustee, by virtue of a contract, or by operation of law.

Affect all parties, and same place of trial.Sect. 78. The causes of action so united, must affect all the parties to the action, and not require different places of place of trial.

TITLE VII.

PLEADINGS IN CIVIL ACTIONS.

Chapter I. Pleadings in General.—II. The Petition.—III. Demurrer.—IV. Answer.—V. Reply.—VI. General Rules of Pleading.—VII. Mistakes in Pleading and Amendments.

CHAPTER I.—Pleadings in General.

The pleadings.Sect. 79. The pleadings are the written statements by the parties of the facts constituting their respective claims and defences.

Forms, as prescribed by this code.Sect. 80. The forms of pleading in civil actions in courts of record, and the rules by which their sufficiency may be determined, are those prescribed by this code.

Only pleadings allowed.Sect. 81. The only pleadings allowed, are: 1. The petition by the plaintiff. 2. The answer or demurrer by the defendant. 3. The demurrer or reply by the plaintiff.

CHAPTER II.—The Petition.

The petition contains what.Sect. 82. The petition must contain: 1. The name of the court and the county in which the action is brought, and the names of the parties, plaintiff and defendant, followed by the word "Petition." 2. A statement of the facts constituting the cause of action, in ordinary and concise language, and without repetition. 3. A demand of the relief to which the