58.) The complaint must contain, 1st, the title of the cause,
specifying the name of the court in which
The action is brought and
the names of the parties to the action, plaintiff and defendant; 2d, a
statement of the facts constituting the cause 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; 3d,
a demand of the relief to which the plaintiff supposes himself
entitled. If the recovery of money be demanded the amount must be
stated. (Ibid. sec. 59.)
While testifying my approval of this code of practice as a whole, I
cannot resist saying that in many respects it is not so systematic as
the Massachusetts code, which was devised by Messrs. Curtis (now Mr.
Justice), Lord, and Chapman. That code is one of the best in the
world. And if I may be allowed one word more about special pleading, I
would say that there is no branch of law which will better reward
study. Without mentioning the practice in the U. S. courts, which
requires, certainly, a knowledge of special pleading, no one can read
the old English reports and text books with much profit, who is
ignorant of the principles of that science.
A class of business peculiar to new territories and states arises from
the land laws. A great many pre-emption cases are contested before the
land officers, in which the services of lawyers are required.
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