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NOTE GIVING A GENERAL VIEW OF THE COURSE

OF PLEADING UNDER THE CODES.

[The details are for the sake of precision stated here according to the

rule in New York; but the practitioner in other jurisdictions can
readily adapt the statement in detail where there is diversity.]

CONTENTS OF THE COMPLAINT.

I.-MATTERS SHOWING THE CAUSE PROPERLY BEFORE THE COURT.

1. Appearance by attorney. A usual introductory statement,

but not essential. Subscription enough, N. Y. Code Civ. Pro.,

417.

2. Complaint not to depart from the summons; e. g., as to

names of parties, court and county (N. Y. Code Civ. Pro., S: 417,

181); Wadsworth v. Georger, 18 Abb. N. C., 199; Rector v.

Ridgewood Ice Co., 38 Hun, 293.

3. Jurisdiction. In inferior courts of limited jurisdiction,

jurisdictional facts must be alleged. Gilbert v. York, 111 N. Y.,

544, p. 347 of this vol. In federal courts, citizenship or

alienage must be alleged, if jurisdiction depends on citizenship,

etc. “ No adequate remedy at law” is a useful allegation in an

equitable action where the jurisdiction of equity depends on the

lack of such remedy at law; but facts substantiating it must be

alleged as well.

But location of property is not essential to be alleged for the

purpose of fixing the place of trial. Acker v. Leland, 96 N. Y.,

393, holding that it may be shown by affidavit.

4. Capacity of party; as in case of corporation; infant suing

by guardian ad litem ; foreign receiver.; executor, etc.

5. Leave to sue; (rules uncertain); better opinion that where

the requirement is not a condition precedent to right, but only a

safeguard against liability for costs, allegation is not necessary.

Hirshfeld v. Kalischer, 81 Hun, 606.

6. Allegations relating to the adequacy or ranging of the

parties ; as, where you make your co-trustee a defendant, you

must allege your reason for so doing, as,—that he is unwilling to

Also if you sue in equity in behalf of numerous persons,

allege their number and that fact as an excuse for not joining

them. Or, if you sue on a joint obligation, and do not join your joint obligee, allege both the fact and the excuse, as,—that he is dead.

7. Changes of parties, which have been made since the cause was commenced and before the complaint is veritied.

II.-SHOWING FACTS CONSTITUTING CAUSE OF ACTION.

1. Plaintiff's right or title. 2. The grievance.

3. Whether partial satisfaction, if any, should be admitted. Query?

4. Any facts required by statute, or rule of court; e. g., denial of collusion, in some cases; ground of arrest, in some cases.

5. An offer to do something, may in some cases constitute part of the cause of action.

6. Facts affecting right to costs, in equitable actions.

III.-ANTICIPATION AND AVOIDANCE OF DEFENCE.

In actions on a common law cause of action use this with great caution, as it is an open question whether it is proper in such cases under the Code. Note in 25 Abb. N. C., 120. [This corresponds to the “charging part” of the bill in equity.)

IV.-DEMAND OF JUDGMENT.

Judgment on failure to answer cannot be more favorable than the demand.

If an interlocutory judgment is required, it better be separately demanded.

If injunction or receiver is desired as part of the final relief it should be demanded in the complaint. A merely provisional remedy like arrest or attachment need not.

V.-OTHER DETAILS.

1. Signature by party in person, or, if infant, by guardian ad litem; or by the attorney of the party, or of infant's guardian ad. litem appearing by attorney.

2. Verification. A complaint must be verified: (a). When service by publication is desired, C.C.P., $ 439; (6). When the action is against a joint debtor, not served in a previous action for the same cause brought against all those jointly liable, $ 1938; (c).