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Rule Ii Pleadings Must Have Certainty of Time


RULE II PLEADINGS MUST HAVE CERTAINTY OF TIME. The second rule tending to produce certainty in the issue, is that the pleadings must have certainty of time. In personal actions the pleadings must allege the time, that is, the day, month and year when each traversable fact oc curred; and when there is occasion to mention a con tinuous act, the period of its duration ought to be shown. But no time need be alleged to matter of mere inducement or aggravation. Wherever it is necessary to lay a venue, it is also necessary to mention time. But in transitory matters time occupies a place of im portance corresponding to that of p/ace; hence the truth of the allegation of time is usually unimportant. But where the time is not stated truly, it must be laid under a videlicet, and it should never be so stated as to show an intrinsic impossibility, nor is it ever permis sible to have it inconsistent with the fact to which it relates. Such misstatement, if in regard to a travers able fact, would make the pleading demurrable, Whenever time is material, that is, is of the substance of the issue, a misstatement of it is not helped by be ing under a videlicet. So where time is immaterial it should, in subsequent pleadings, follow the day alleged in the declaration and writ. If, in this case, no time is stated in such pleading-s, the defect is cured by the ver dict or by the judgment ; but verdict and judgment do not cure the omission if time is material.

stated and misstatement