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Other Pleadings to Arrive at an Issue


OTHER PLEADINGS TO ARRIVE AT AN ISSUE. With either form of joinder above mentioned the parties are "at issue," and the plead ings are at an end. But instead of traversing the declaration, the defendant may plead a dilatory plea, or a plea by way of confession and avoidance. In either case, the plaintiff may then demur as before or he may plead by way of traverse, or by confession and avoidance. Such pleading on the plaintiff's part is called the "replication." After the replication, issue may be joined as before, or the defendant may demur or plead further in any of the ways above described. If he so pleads his plea is called his "rejoinder." And so on the pleadings may continue, the alternate pleadings being, declara tion, plea; replication, rejoinder; sur-rejoinder, rebut ter; sur-rebutter, etc.

If at any stage a demurrer is interposed, it im ports no new facts, and in effect admits all allegations of fact well pleaded. New pleadings may bring in new facts and extraneous matters, or deny prior alle gations, but each pleading is taken to admit all prior allegations of fact well pleaded, unless expressly de nied in the new pleading.