Page:United States Statutes at Large Volume 47 Part 1.djvu/953

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72d C ONGRESS . SESS. II. CH. 127. FEBRUARY 27, 1933 .

929 (2) Within thirty days after personal service thereof if such service is had in the Republic of Panama ; (3) Within ninety days after personal service if such service is had outside of the Canal Zo ne and the Republic of Panama ; (4) Within thirty days after the first publication of summons if the defendant resides in the Canal Zone or the Republic of Panama

and (5) Within ninety days after the first publication of summons if the defendant resides outside the Canal Zone and the Republic of Panama . (Act Cong. Sept. 21, 1922, C. 370, „ 16, 42 Stat . 1010 ; 44, Vol. 4, p.1010; Vol. Act Cong. Dec. 29, 1926, C. 19, „ 4, 44 Stat. 926 .) CHAPTER 9 .-PLEADINGS IN CIVIL ACTIONS PLEADINGS IN CIVIL ACTIONS . PLEADINGS IN GENERAL

In general . SEC . 128 . DEFINITION OF PLEADINGS .-The pleadings are the , " Pleadings," de . formal allegations by the parties of their respective claims and defenses, for the judgment of the court . SEC . 129. THIS CODE PRESCRIBES THE FORM AND RULES OF PLEADINGS .- Forms and rules . The forms of pleading in civil actions, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed in this code . SEC . 130 . WHAT PLEADINGS ARE ALLOWED .-The only pleadings what pleadings al . allowed on the part of the plaintiff are :

lowed . 1 . The complaint ; 2. The demurrer to the answer ; 3. The demurrer to the cross-complaint ; 4. The answer to the cross-complaint . And on the part of the defendant : 1. The demurrer to the complaint ; 2. The answer ; 3. The cross-complaint ; 4. The demurrer to the answer to the cross-complaint . COMP LAI NT

Co mpl ain t. SEC . 131 . COMPLAINT, FIRST PLEADING .-The first pleading on the First pleading. part of the plaintiff is the complaint . SEC. 132. COMPLAINT, WHAT TO CONTAIN .-The complaint must Contents. contain 1 . The title of the action, the name of the court and division in which the action is brought, and the names of the parties to the action ; 2 . A statement of the facts constituting the cause of action, in ordinary and concise language ; 3 . A demand of t he relief which the plai ntiff claims . If the rec overy of m oney or d amages be demanded , the amou nt thereo f must be stated . SEC. 133 . STA TEM ENT OF FA CTS IN DIVORCII COMPLAINT .-In the statement of facts in action for divorce the complaint must set forth, among other mat- diverse complaint . ters, as near as can be ascertained, the following facts : 1 The State or country in which the parties were married . 2 The date of marriage. 3 The date of s eparation . 4 The number of years from marriage to separation . 5 ; The number of children of the marriage, if any, and if none, a statement of that fact . (6) The ages of the minor children . 3051°-33-59