Page:1862 Territory of Dakota Session Laws.pdf/83

66 under such circumstances, that if one had brought an action against the other, a counter claim or set-off could have been set up, neither can be deprived of the benefit thereof, by the assignment or death of the other, but the two demands must be deemed compensated, so far as they equal each other.

. 97. The guardian of an infant or person of an unsound mind, or attorney for a person in prison, shall deny in the answer all material allegations of the petition prejudicial to such defendant.

. 98. There shall be no reply, except upon the allegation of a counter claim or set-off in the answer.

. 99. When the answer contains new matter, constituting a counter claim or set-off, the plaintiff may reply to such new matter, denying generally or specifically each allegation controverted by him; and he may allege, in ordinary and concise language and without repetition, any new matter not inconsistent with the petition, constituting a defence to such new matter in the answer; or he may demur to the same for insufficiency, stating in his demurrer the grounds thereof; and he may demur to one or inore of such defences set up in the answer, and reply to the residue.

. 100. The answer or the demurrer by the defendant, and the reply or demurrer by the plaintiff, shall be filed within such times as may be required by rules to be adopted by the court in which the action is pending.

. 101. The court or the judge thereof in vacation, for good cause shown, may extend the time for filing an answer or reply, upon such terms as may be just.

. 102. Every pleading in a court of record must be subscribed by the party or his attorney.

. 103. Every pleading of fact must be verified by the affidavit of the party, his agent or attorney. A pleading verified as herein required shall not be used against a party in any criminal prosecution or action or proceeding for a penalty