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The First Pleading Is Called the Declaration


THE FIRST PLEADING IS CALLED THE DECLARATION. The "declara tion" is the first pleading in a cause. It is a formal statement on the part of the plaintiff of the facts con stituting his cause of action, or grounds of complaint. The declaration must state the facts constituting the action more fully than does the original writ, but still in strict conformity with the tenor of that instrument. The declaration must state the facts constituting the cause with such precision, clearness and certainty, in cluding certainty of time and place, that the defendant knowing what he is called upon to answer, may be able to plead a direct and unequivocal plea ; the jury may be able to give a complete verdict upon the issue, and the court, consistently with the rules of law, may give a certain and distinct judgment upon the premises.

The first pleading in an action begun by bill of Middlesex, etc., or by quo minus was called a "bill." It was, nevertheless, exactly equivalent to a declara tion, differing from it only in some formal words at the commencement and conclusion.