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Rule Vi the Pleadings Must Show Authority


RULE VI THE PLEADINGS MUST SHOW AUTHORITY. This rule of cer tainty, that the pleadings must show authority, applies when a party has occasion to justify, under a writ, war rant, precept, or any other authority, whatever, he must particularly set it forth in his pleading, and he must also show that he has substantially pursued such authority.

It is not necessary that any person justifying under judicial process should set forth the cause of action in the original suit in which that process issued. And it is sufficient for the officer executing such writ, to plead the writ only, but any other person must plead the un derlying judgment as well as the writ.

If an officer justifies, and the writ.was returnable, he must plead that it was returned; otherwise with the one who has not the power to procure a return to be made.

Where it is necessary to plead the judgment of a superior court it is not neecssary to plead any of the previous proceedings ; otherwise with a court of in ferior jurisdiction, where the jurisdiction is never pre sumed. Likewise the jurisdiction of foreign courts is not presumed.

But where an authority may be created orally and generally, it is allowable to plead it in general terms. Averments of authority must be strictly proved.

plead and writ