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Rule Iii to Prevent Pro Lixity and Delay


RULE III TO PREVENT PRO LIXITY AND DELAY. Surplusage is to be avoid ed. By surplusage is meant, any unnecessary matter, of whatever description. It includes : 1. Matter whol ly foreign ; 2. Matter not required to be stated. Thus - matter of law, matter necessarily implied, matter com ing more properly from the other side, and the like, are surplusage.

The statements in a pleading should be terse in manner. Surplusage is not a subject for demurrer, but any flagrant fault of this kind will, when brought to the notice of the court, be censured, and the sur plusage be ordered stricken out at the costs of the de linquent pleader.

So unnecessary detail in pleading is sometimes dan gerous, as it may be so intimately combined with ma terial matter as to require, when traversed, to be proved as laid, thus increasing the danger of variance. When clearly and easily separable from material mat ter, the immaterial matter cannot be included in the traverse, but otherwise it may be.