Page:United States Statutes at Large Volume 47 Part 1.djvu/958

 934 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . account, or be precluded from giving evidence thereof. The court or judge may order a further account when the one delivered is too general, or is defective in any particular. Description of re al SEC. 157. DESCRIPTION OF REAL PROP ERTY IN A PLEADING.--In an property' action for the recovery of real property, it must be described in the complaint with such certainty as to enable an officer, upon execution, to identify it. Pleaded. how SEC. 158. JUDGMENTS, How PLE ADED .In pl ead ing a judgment or other determination of a court, officer, or board, it is not necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading must establish on the trial the facts conferring jurisdiction. d Conditions prate • SEC . 159. CONDITIONS PRECEDENT, HOW TO BE PLEADED.-In ple ad ing the performance of conditions precedent in a contract, it is not neces- sary to state the facts showing such performance, but' it may be stated generally that the party duly performed all the conditions on his part, and if such allegation be controverted, the party pleading must establish, on the trial, the facts showing such performance. tionsatute of limits SEC. 160. STATUTE OF LIMITATIONS, HOW PLEADED.-In 'pleading the statute of limitations it is not necessary to state the facts showing the defense, but it may be stated generally that the cause of action is barred by the provisions of section (giving the number of the section and subdivision thereof, if, it is so divided, relied upon) of the Code ; and if such allegation be controverted, the party pleaing must establish, on the trial, the facts showing that the cause of action is so bar red. Libel and slander, SFc. 161. LIBEL AND SLANDER, HOW STATED IN COMPLAINT.--In an how stated in com- plaint. action for libel or slander it is not necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose ; but it is sufficient to state, generally, that the same was published or spoken concerning the plaintiff ; and if such allegation be controverted, the plaintiff must establish on the trial that it was so publishe d or spo ken. Answer in such cam. SEC. 162. ANSWER IN S UCH cASES .-In the actions mentioned in section 161 the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circum- stances, to reduce the amount of damages ; and whether he pr ove the justification or not, he may give in evidence the mitigating circumst ances. Allegations not de- SE C. 163. AL LEGA TION S NOT DE NIED , WH EN TO BE DEEMED TRUE ; nied,when deemed true ; when deemed contro- WHEN TO BE DEEMED CONTROVERTED.-Every material allegation of the verted. complaint, not controverted by the answer, must, for the purposes of the action, b e taken as true ; the stat ement of any new matter in the answ er in av oidance or const ituting a defense or coun terclaim , must, on the trial, be deemed controverted by the opposite party. "Ma ter ial allega . SEC. 164 . A MATERIAL ALLEGATION DEFINED :A material allegation tion," defined. in a pleading is one essential to the claim or defense, and which could not -be stricken from the pleading without leaving it insufficient. Supplemental to m- SEC. 165 . SUPPLEMENTAL COMPLAINT AND ANSWER :The plaintiff plaint and answer. and defendant, respectively, may be allowed, on motion, to make a supple mental c omplaint or answ er, alle ging fact s materi al to th e case occurring after the former complaint or answer. Plea din ss ubs equ ent SEC. 166. PLEADI NGS S UBSEQ UENT TO COM PLAI NT MU ST BE FILED AND to tom ~Bp service of. SERVED.-All pleadings subsequent to the complaint, must be filed with the clerk, and copies thereof served upon the adverse party or his attorney. 0