Page:Federal Reporter, 1st Series, Volume 1.djvu/301

 CAUSE V. KNAPP. £93. �the questions designed to be raised could be presented in a better form under a special answer. Since then an amended petition and an answer tliereto have been filed. �It is of importance, not for this cause alone, but for the general practice of the court, that the modes of proceeding should be clearly understood, and I therefore take this occasion to restate some well settled rules which prevail in this court. �Mr. Justice Miller, at an early day, with the concurrence of Judges Dillon and Treat, held : �First. That in pleading, the parties respectively must aver the issuable facts and nothing more. �If irrelevant and redundant matter is inserted in the peti- tion or answer the court will not entertain a motion to elim- inate the same, but will reçoive a motion to make said pleading more certain and definite. The reason for this rul- ing is based not only on the essential roquisites of good pleading, but on the duty of attorneys to so plead as not to drive the opposing attorney, with the aid of the court, to do the pleading for the party. The function of the court is to pass upon the papers filed, and not to become thepleader for the parties. Let the plaintifï and defendant respectively corne to an issue, not onmatters of evidence, relevant or irrel- evant, but on the ultimate facts, determining their respect- ive riglits. There is nothing in the Missouri practice act which abrogates those essential rules of pleading. The very object of pleading is to bring the parties face to face with the issuable facts on which theii: rights depend. �Second, If a pleading bas not issuable facts sufficient to constitute a cause of action or a defence, or is mixed with statements as to evidence to support the same, the opposite party may demur; so that the court, disregarding the irrele- vant matter, may determine whether the alleged cause of action or special defence bas any foundation in law. �Thlrd. If the vicious pleading is so vague and confused that the material and immaterial allegations are intermixed, or a mass of statements are contained therein, some issuable ��� �