Miller v. Blow

Citations

• 68 Ill. 304

Syllabus

<p>1. Pleading—entitling pleas and replications. The presumption being that all pleadings are filed at the same term, it is unnecessary to entitle a plea or replication as of any term of the court. This rule is not applicable to pleas in abatement. Thus, where a replication was filed at the March term, 1873, of the court, entitled as of the October term, 1873, the entitling was held surplusage, and not to vitiate it.</p> <p>3. Same—replication to plea of set-off in debt. To a plea of set-off in an action of debt, the plaintiff replied “that, at the time of the commencement of this action, the said plaintiff was not indebted in manner and form in the sum of money in said plea mentioned, nor in any other sum of money, or any part thereof, for work and labor and services done and performed by said defendant for said plaintiff at his request,” etc: Held, on special demurrer to the same, that it contained more than the general issue, but that the redundant words might be rejected as surplusage, and the replication sustained.</p> <p>3. The rule requiring a pleading to be in form does not require the use of the precise words employed in approved precedents. If equivalent words conveying the same meaning are used, it will suffice, and still be in good form. Thus, the words in nil debet, “was not indebted in manner and form,” etc.,, instead of “does not owe the said sum of money above demanded, or any part thereof, in manner and form,” etc., convey the same meaning, and will be good in form.</p> <p>4. Same—modern tendency to discard technicalities in. The tendency of courts in modern times is to dispense, as far as possible, with mere technical forms in pleading, so that there is enough to enable justice to be fully and fairly administered.</p> <p>5. Pleading and evidence—variance. Where a count of a declaration in debt for rent upon a written lease described the demised premises by the government surveys, without the reservation of any part of the land contained in such bou