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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 sus-. tain 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

(6.) Where the defendant has removed or concealed his property, for the purpose of defrauding his creditors.

The order of arrest is granted by a judge of the court in which the action is brought. The affidavit of the plaintiff, or of some other person, showing that a cause of action exists, and that it is one of those for which the order may be granted, is presented to the judge. The complaint may be presented with the affidavit. An undertaking, to the effect that if the defendant recover judgment the plaintiff will pay all costs and damages not exceeding a sum therein specified, must be presented to the judge, and filed with the clerk of the court. The judge will then grant the order of arrest. The affidavit and order of arrest are put into the hands of the sheriff. The sheriff arrests the defendant, and delivers to him a copy of the affidavit and order of arrest. He retains the prisoner in custody, unless he gives bail, or is otherwise discharged by law. In default of bail, the sheriff may commit him to the county jail.

2. The defendant may be discharged from arrest upon giving bail, or depositing the amount mentioned in the order. Attorneys, and other officers of the court, are incompetent to become bail. If the prisoner gives bail, his sureties have nearly the same power over him as the sheriff had. They may at any time arrest the defendant, or authorize another person to arrest him, and surrender him to the sheriff. The surety procures from the county clerk a certified copy of the undertaking. On delivering the defendant to the sheriff, he presents the certified copy

the order of arrest granted? What affidavit is presented to the judge? What may be presented with the affidavit? What undertaking must be presented to the judge? Where filed? When the judge has granted the order of arrest, what papers must be put into the hands of the sheriff? When the sheriff arrests the defendant, what papers does he serve upon the defendant? What does the sheriff do with the prisoner? In default of bail, what action does the sheriff take?

2. How may the defendant be discharged from arrest? Who are prohibited from becoming bail If the prisoner give bail, what power have his sureties over him? What action may they take at any time? What does the surety procure from the county clerk? Upon delivering

of the undertaking, and receives thereon the sheriff's acknowledgment of the surrender. He then presents this copy of the undertaking to the judge, on notice to the other party, and the judge may order that the sureties be exonerated on filing the papers used in the motion.

3. The surety taken by the sheriff must be a householder or freeholder, within the State. Each surety must be worth the amount specified in the order of arrest, exclusive of property exempt from execution. When defendant has been arrested and committed to prison, he may have an application made to the court to vacate or modify the order of arrest, and to reduce the amount of bail. The application may be made upon the papers served by the sheriff, and these papers may or may not be accompanied by counter-affidavits. If upon presenting the whole case to the court on both sides, the court would not grant an order, if it was then presented for the first time, the court will vacate the order already granted.

CHAPTER LXXXV.

REPLEVIN.

1. WHEN one person has the property of another in his possession, and it came into the possession of the holder lawfully, the owner must demand the delivery of the property to him. If the holder refuse, the owner may

the prisoner to the sheriff, what does he present to the sheriff? What acknowledgment does the sheriff make thereon? How do the sureties then become exonerated from liability?

3. What must be the qualifications of the sureties? How much must they be worth? When defendant has been arrested and committed to the county jail, what application may be made to the court? Upon what papers may the application be made? When will the court vacate the order of arrest?

1. When one person has come lawfully into possession of personal