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Rule V to Prevent and Confusion

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RULE V TO PREVENT AND CONFUSION. Pleadings must not be by way of recital, but must be positive in their form. Un der this rule the pleader is required to positively aver the facts on which his complaint rests, and not put them in a narrative form. The requirement is not so strict in regard to matters of inducement, Sec. 1670. RULE VI IN REGARD TO AND CONFUSION. Things are to be pleaded according to their legal effect or operation. But there is an apparent exception to this rule in the case of a slander or libel, in which the words them selves must be set forth, as the action turns on the words themselves.

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