session of the agent or attorney. 4. When the party is not a resident of or is absent from the county.
Construction of pleading liberal.Sect. 111. In the construction of any pleading, for the purpose of determining its effects, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Fictions abolished.Sect. 112. All fictions in pleading are abolished.
Title cannot be changed.Sect. 113. The title of a cause shall not be changed in any of its stages.
In action relating to account, note, bill, &c., copy must be attached.Sect. 114. If the action, counter claim or set-off be founded on an account, or on a note, bill, or other written instrument, as evidence of indebtedness, a copy thereof must be attached to and filed with the pleading, excepting in actions founded upon notes issued to circulate as money. If not so attached and filed, the reason thereof must be shown in the pleading.
When pleading may be altered.Sect. 115. If redundant, scandalous, or irrelevant matter be inserted in any pleading, it may be stricken out on motion of the party prejudiced thereby. And when the allegations of a pleading are so indefinite and uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain by amendment.
When and how counter claim or set-off may be withdrawn and made subject of new action.Sect. 116. The court, at any time before the final submission of the case, on motion of the defendant, may allow a counter claim or set-off, set up in the answer, to withdrawn, and the same may become the subject of another action. On motion of either party, to be made at the time such counter claim or set-off is withdrawn, an action on the same shall be docketed and proceeded in as in like cases after process served; and the court shall direct the time and manner of pleading therein. If an action be not so docketed, it may afterwards be commenced in the ordinary way.
Special jurisdiction, how established.Sect. 117. In pleading a judgment or other determination of a court or officer of special jurisdiction, it shall be sufficient to state that such judgment or determination was duly given or made. If such allegation be controverted, the party pleading must establish, on the trial, the facts conferring jurisdiction.
Performance of conditions, how established.Sect. 118. In pleading the performance of conditions precedent in a contract, it shall be sufficient to state, that the