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Rules Which Tend to Prevent Obscurity and Confusion in Pleading Rule I Pleadings Must Not Be Insensible nor Repugnant


RULES WHICH TEND TO PREVENT OBSCURITY AND CONFUSION IN PLEADING. RULE I. PLEADINGS MUST NOT BE INSENSIBLE NOR REPUGNANT. The first of the rules tending to prevent obscurity and confusion. in pleading, is, pleadings must not be insen sible nor repugnant.

A pleading is insensible when, through the omission of material words, and the like, it has become unintel ligible. It is repugnant when its parts are inconsist ent with each other. Repugnancy is ground for de murrer. If the second allegation, which creates the repugnancy, is merely superfluous and redundant, so that it may be rejected from the pleading without ma terially altering the general sense and effect, it shall, in that case, be rejected, at least if it laid under a videli cet, and shall not vitiate the pleadings, for the maxim is, utile per inutile non vitiatur (the useful is not vi tiated by the useless).