defendant a copy thereof. If the defendant be out of the State, or concealed, it may be served by advertising. If the service of the summons be made by the sheriff, the certificate of the sheriff is sufficient proof of the service, as the sheriff acts under his official oath. If served by any other person, the service is proved by the affidavit of the person serving the same. If served by publication, the service is proved by the affidavit of the printer or publisher. Civil actions are commenced by service of summons. The complaint is usually served with the summons; but the summons may be served without the complaint. The form of the summons for a money demand on contract, when the complaint is served, is as follows:

SUPREME COURT,

City and County of New York.

JOHN B. ASTOR

against

JOHN FOSTER.

To the above defendant:

You are hereby summoned to answer the complaint in this action, a copy of which is herewith served upon you, and to serve a copy of your answer upon me, at my office, No. 227 Broadway, in the city of New York, within twenty days after service hereof, exclusive of the day of such service. And if you fail to do so, the plaintiff will take judgment against you for five hundred dollars, with interest from the 11th day of July, 1865.

NEW YORK, July 12, 1865.

W. B. WEDGWOOD, Plaintiff's Attorney.

The title of the action embraces the name of the court in which you bring the action, the county in which it is to be tried, the name of the plaintiff, and the name of the defendant. The title is usually prefixed to the summons and every other paper served in the action. The summons, and pleadings, and other papers in the action are

served? If the defendant be out of the State or concealed? If the ser vice be made by the sheriff, how is it proved? If served by any other person, how is the service proved? If served by publication? How are civil actions commenced? What is usually served with the summons? What is the form of a summons for a money demand on contract? What does the title to an action embrace? To what is the title

signed by the attorneys for the parties. In the second form of summons, "the plaintiff will apply to the court for the relief demanded in the complaint," is substituted for "the plaintiff will take judgment against you for," etc., in the first form.

2. The complaint must contain a plain and concise statement of all the facts necessary to be proved on the trial, in order to sustain the action. In an action for slander, the plaintiff must allege that the slanderous words. were spoken in the presence of some person. In an action for a claim for the payment of the debt of another, the plaintiff must allege that he paid such debt at the request of the defendant. In an action for services, the plaintiff must allege that he performed the services at the request of the defendant. In an action against a master by a servant, for damages on account of an accident happening to the servant, the plaintiff must allege that he had no notice of the defect which occasioned the accident, and that defendant knew of such defect. A demurrer is a question of law raised by one of the parties against the pleading of the opposite party. The defendant may demur to the complaint of the plaintiff on the ground that it appears upon the face of the complaint-1. That the court has no jurisdiction in the case; 2. That the plaintiff has no legal capacity to sue; 3. That there is another action pending between the same parties, for the same cause, in another court of the State; 4. That there is a defect of parties; 5. That several causes of action are improperly joined; 6. That the complaint does not state facts sufficient to constitute a cause of action.

prefixed? By whom is the summons and other pleadings and papers signed? What change is made in the second form of summons?

2. What must the complaint contain? In an action for slander, what must the plaintiff allege? In an action for a claim for the payment of the debt of another, what must the plaintiff allege? In an action for services, what must the plaintiff allege? In an action for damages against a master by a servant, on account of an accident hap pening to the servant, what must the plaintiff allege? What is a domurrer? Upon what grounds may the defendant demur?

3. An answer is a pleading framed to meet the complaint. The answer must contain a general or special denial of each material allegation which is to be controverted in the complaint. A general or direct denial permits the defendant to introduce any evidence to controvert any allegation which the plaintiff is required to establish, in order to sustain his action. When malice is necessarily alleged in a complaint, the defendant cannot deny that the act was done with malice; but he must set forth in his answer the facts which show that the act was done without malice. A demurrer is a denial of the law tacitly claimed to govern the case. A general denial is a direct denial of the facts. A special denial is a denial of the conclusion drawn from the facts, by setting up new matter, which avoids the conclusion. The defendant may deny that he has any knowledge or information sufficient to form a belief as to the matters set forth in the complaint, in all cases where he is without such knowledge and information, and where it could not be acquired by due diligence. New matter in an answer is that which admits the cause of action set up, and avoids it.

4. A counter-claim is a cause of action in favor of defendant against plaintiff. A reply to new matter set up in the answer is equivalent to the answer to a complaint, and is governed by the same rules. A sham answer is good upon its face, but false in fact. A frivolous answer denies no material allegation of the complaint, and sets up no defence. In such case, a motion is made to strike out the answer. A reply is necessary when the answer

3. What is an answer? What must the answer contain? What evidence does the general denial permit the defendant to introduce? When malice is necessarily alleged in the complaint, how can the defendant deny the malice? What is the demurrer a denial of? What is a general denial? What is a special denial? When may the defendant deny that he has any knowledge or information sufficient to form a belief, as to the matters set forth in the complaint? What is new matter in an answer?

4. What is a counter-claim? To what is a reply to new matter set up in the answer equivalent? What is a sham answer? What is a frivo lous answer? What is the remedy in such cases? When is a reply

contains new matter constituting a counter-claim. The pleadings in an action are the complaint, answer, and reply. If one pleading be verified, all subsequent pleadings must be verified. The verification is made by a party to the action, or by his attorney or agent to whom the facts are known. If a corporation be a party, the verification is made by any officer of the corporation, or by their agent acquainted with the facts. In a joint answer by maker and indorser of a promissory note, the verification is made by both. Redundant matter in pleadings is the needless repetition of a material allegation. Irrelevant matter has no bearing on the subject of the controversy. Causes of action are divided into several classes, and any two or more causes of action in the same class may be united in the same action. Those allegations which the parties must prove in order to sustain their action or defence, are material allegations. If a material allegation remain unanswered, it is taken as true. A variance between the allegation and the proof is a partial proof. If the case is entirely unproved, it is not a variance but a failure of proof. If partially proved, it may be amended. If entirely unproved, it cannot be amended. If a variance mislead the opposite party, the court will allow an amendment, on payment of costs. The fact that the party has been misled, must be proved. Pleadings are to be served within twenty days of each other. Either party may amend his pleading once of course, within twenty days after he has served it, or

necessary? What are the pleadings in an action? If one pleading is verified? By whom is the verification made? If a corporation be a party? In a joint answer by maker and indorser of a promissory note, by whom is the verification made? What is redundant matter in a pleading? What is irrelevant matter? How are causes of action divided? What causes may be united in the same action? What are material allegations? If a material allegation remain unanswered? What is a variation between the allegation and the proof? If the cause is entirely unproved? If partially proved? If a variance mislead the opposite party, what will the court do? How is the fact proved? How soon after service of the summons must the answer be served? How soon after the service of the answer must the reply be served? How many times may either party amend his pleadings of course? Within

within twenty days after the other party has served his next pleading. All other amendments must be made by the permission of the court, on motion, and notice to the other party. A summons can only be amended by leave of the court, on motion. The court may allow amendments at any time before judgment. Where the plaintiff is ignorant of the name of a defendant, he may insert a fictitious name in the title, and set forth the reason in the body of the complaint.

CHAPTER LXXXIV.

ORDER OF ARREST.

1. ARREST and imprisonment for debt is abolished in most of the States, where the debt arose on contract not tainted with fraud. An order of arrest in New York may be granted in either of the following cases:

(1.) Where the action is for damages not arising on

contract.

(2.) Where defendant is a non-resident, or is about to remove from the State, or where the action is for injury to person or property.

(3.) Where the action is for a breach of promise, or for money received in a fiduciary capacity, or for misconduct or neglect in a professional employment.

(4.) Where the action is for the recovery of personal property, and it has been concealed.

(5.) Where the action is against a defendant guilty of fraud in contracting the debt.

what time? How must all other amendments be made? How only can a summons be amended? When may the court allow amendments? When plaintiff is ignorant of the name of a defendant, what may he do?

1. What is abolished in most of the States? What are the cases in which an order of arrest may be granted under the Code? By whom is