Pleading and Practice Under the Civil Code (Classic Reprint) - Softcover

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Excerpt from Pleading and Practice Under the Civil Code

There is a difficulty which ought to be got rid of, either by con struction or legislation; and this relates to an answer in cases founded upon principles of equity. As the Code is, the pleading in such a case is cramped down to all the strictness of a common law plea; this is, however, impossible, and must be changed. The Code in this respect is wholly disregarded in practice.

The swearing to pleadings is no aid to the administration of jus tice. Experience has settled this, both here and in New York. In actions on contracts for the payment of money only, the defendant might be required to swear to his answer, in case the plaintiff swore to his petition. This is as far as there can be any use in it, unless perjury is a thing to be encouraged.

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