of the relief or remedy to which he claims to be entitled. The defendant shall, subject to the provisions of Order XXI., and at such time and in such manner as therein prescribed, deliver to the plaintiff his defence, set-off, or counterclaim (if any), and the plaintiff shall, subject to the provisions of Order XXIII., and at such time, and in such manner as therein prescribed, deliver his reply (if any) to such defence, set-off, or counterclaim. Such statements shall be as brief as the nature of the case will admit, and the taxing officer in adjusting the costs of the action shall at the instance of any party, or may without any request, inquire into any unnecessary prolixity, and order the costs occasioned by such prolixity to be borne by the party chargeable with the same." (Yearly Practice of Supreme Court (England), 1912, Vol. 1, Order 19, Rule 2, p. 221.)

"The Forms in Appendices C., D., and E., when applicable, and where they are not applicable forms of like character, as near as may be, shall be used for all pleadings, and where such forms are applicable and sufficient any longer forms shall be deemed prolix, and the costs occasioned by such prolixity shall be disallowed to or borne by the party so using the same, as the case may be." (Id., Order 19, Rule 5, p. 227.)

The New Jersey practice act (1912), provides that "the process and pleadings in all actions shall be according to rules of court." (§ 3.) It also contains the following provisions:

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Pleadings

(N. J. Practice Act)

Subject to rules, any frivolous or sham defense to the whole or to any part of the complaint may be struck out; or, if it appear

probable that the defense is frivolous or sham, defendant may be allowed to defend on terms. Defendant, after final judgment, may appeal from any order made against him under this section." (Practice Act (N. J.), 1912, § 15.)

"If the answer as filed, or after any part thereof shall be struck out, leaves a part of the plaintiff's claim uncontested, judgment interlocutory or final may be entered for such part as is not contested and the cause may proceed to trial as to the residue." (Id., § 16.)

The following rules in the New Jersey practice, embracing matters regulated by statute in New York, illustrate the character of the provisions in the rules of court on process and pleading under the New Jersey practice:

Pleadings

(N. J. Practice Rules)

"The order of pleadings shall be:
"1. Complaint;

"2. Motion addressed to the complaint;
"3. Answer:

"4. Motion addressed to the answer;

5. Reply.

"Further pleadings may be had, if necessary, until issue is joined. Unless otherwise. ordered by the court, pleadings must be filed, and motions made, in the order mentioned above." (Practice Act (N. J.), 1912, Rule 16.)

"All pleadings must contain a plain and concise statement of the facts on which the pleader relies (and no others), but not of the evidence by which they are to be proved.

"The statement must be divided into paragraphs numbered consecutively, each containing as nearly as may be, a separate allegation.

"Dates, sums and numbers, must be in figures.

If any pleadings be insufficient, the court may order a fuller or more particular statement; and if the pleadings do not sufficiently define the issues, the court may order other issues prepared; and may settle the issues if the parties differ.

(Prac

"The first pleading filed by any party shall state his place of residence.' tice Act (N. J.), 1912, Rule 17.)

"Allegations or denials, made without reasonable cause, and found untrue, shall subject the party pleading the same to the payment of such reasonable expenses, to be taxed by the court, as may have been necessarily incurred by the other party, by reason of such untrue pleading." (Id., Rule 19.)

Every material allegation of fact in a pleading, which is not denied by the adverse party, is deemed to be admitted, unless the latter avers that he has no knowledge or information thereof sufficient to form a belief." (Id., Rule 20.)

"Acts and contracts may be stated according to their legal effect, but, in so doing, the pleadings should be such as fairly to apprise the adverse party of the state of facts which it is intended to prove; thus, an act or promise of a principal (other than a corporation), if, in fact, proceeding from an agent known to the pleader, should be so stated; and the obligation of a husband to pay for necessaries furnished to his wife, whom he has driven from his house, should be stated according to facts." (Id., Rule 21.)

"In pleading any document, a copy thereof may be annexed to the pleading, and referred to therein, with like effect as if it were recited at length." (Id., Rule 23.)

Inconsistent Counts in the complaint or counter claim, and Inconsistent Defenses in the answer are not objectionable." (Practice Act (N. J.), 1912, Rule 24.)

"Unnecessary repetition, prolixity, scandal, impertinence, obscurity and uncertainty, and any other violation of the rules of pleading, are respectively objectionable; also any pleading which is irregular, defective or so framed as to embarrass or delay a fair trial.” (Id., Rule 25.)

"Any pleadings may be struck out on motion on the ground that it discloses no cause of action, defense or counter-claim respectively. The order made upon such motion is appealable after final judgment. In lieu of a motion to strike out, the same objection, and any point of law (other than a question of pleading or practice) may be raised in the answering pleadings, and may be disposed of at, or after, the trial; but the court, on motion of either party, may determine the question so raised before trial, and if the decision be decisive of the whole case the court may give judgment for the successful party or make such order as may be just." (Id., Rule 26.)

"Objections to Pleadings other than those provided for in Rule 26 above, shall be made by motion. The action of the court thereon is appealable after final judgment." (Id., Rule 27.)

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Every motion addressed to a pleading must present every cause of objection then existing." (Id., Rule 28.)

Every notice of any motion to a pleading shall specify the grounds thereof." (Id., Rule 29.)

"Supplemental pleadings, showing matters arising since the original pleadings or suit begun may be filed by either party, by leave of court, and upon terms." (Id., Rule 30.)

"When an express agreement or any document is referred to in a pleading, and is not annexed to the pleading or recited verbatim therein, a copy of the document or of the agreement (if it be in writing) must be served on the adverse party within five days after service of written demand for the same." (Practice Act (N. J.), 1912, Rule 31.)

"A denial must not be evasive, but must fairly meet the substance of the allegation denied. Thus, if payment of a certain sum be alleged when, in fact, less was paid, the pleader must not deny payment generally, but must state how much was paid; and where any fact is alleged with divers circumstances, some of which are untruly stated, the denial must not be of the fact as alleged, but so much as is true and material must be admitted and the rest only denied." (Id., Rule 32.)

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Express admissions and denials must be direct, precise, specific, and not argumentative, hypothetical, or in the alternative; accordingly when a pleader wishes expressly to admit or deny a portion only of a paragraph he anst recite that portion; except that where a recited portion of a paragraph has been either admitted or denied, the remainder of the paragraph may not be denied or admitted, without recital. Admissions or denials of allegations identified only by a summary or generalization thereof, or by describing the facts alleged as "consistent" or "inconsistent" with other facts recited or referred to, are improper." (Id., Rule 33.)

"A demand for relief in the complaint, or counter-claim, which the allegations thereof do not sustain, may be objected to, on motion, or in the answering pleading, although the allegations may entitle the plaintiff, or counter-claimant, respectively, to some other relief." (Id., Rule 34.)