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Rule Ix to Prevent Ob Scurity and Confusion


RULE IX TO PREVENT OB SCURITY AND CONFUSION. A pleading which is bad in part is bad altogether. The declaration is not within the rule, for it has only to show a cause of ac tion, and worthless matter, beyond that is treated as mere surplusage. If a declaration be good in part, and bad as to another part relating to a distinct demand divisible from the rest, and the defendant demur to the whole instead of confining his demurrer to the faulty part only, the court will give judgment for the plain tiff. The rule is also applicable only to material alle gations in any of the pleadings, as mere surplusage does not vitiate the rest of the pleading.