Report Of Section On Reform Of Civil And Criminal Procedure

Author : O. K. Cushing
Publisher : Forgotten Books
ISBN 13 : 9781330369456
Total Pages : 37 pages
Book Rating : 4.3/5 (694 download)

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Download or read book Report of Section on Reform of Civil and Criminal Procedure written by O. K. Cushing and published by Forgotten Books. This book was released on 2015-06-25 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Report of Section on Reform of Civil and Criminal Procedure The defendant may demur to the complaint when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; 2. That the plaintiff has not legal capacity to sue; 3. That there is another action pending between the same parties for the same cause; 4. That there is a defect or misjoinder of parties plaintiff or defendant; 5. That several causes of action have been improperly united, or not separately stated; C. That the complaint does not state facts sufficient to constitute a cause of action. The changes consist, in (a)-Adding the words "and may demur and answer at the same time", which arc taken from the present section 431. (b)-Adding the words "If the defendant demurs without answering he shall be deemed to have waived the right to answer." The purpose of this amendment is to make it incumbent upon the defendant, if he desires both to demur and answer, to do so at the same time. Under the present provisions of the Code the defendant may demur and answer at the same time (section 431). The amendment changes the rule so that if there be a demurrer and an answer they must be filed together. Of course the defendant may answer without demurring and may demur without answering, but in the latter case he stands or falls upon his demurrer. If the demurrer be sustained and the complaint be amended the defendant, can then proceed de novo to demur and answer together or answer without demurring, etc., as to an original complaint. The proposed amendment of section 437 infra, permitting answers by general denial to all complaints will so simplify the answer that it will be as easy to answer as to demur, and we think the demurrer will then be restricted to its real purpose of pointing out. defects in the complaint that are material. Under the present practice the defendant may set up inconsistent defenses in his answer and he does no more than this when he demurs and answers at the same time. Many of the states provide that the defendant may demur and answer at the same time and the practice contemplated by the proposed amendment now prevails in Arizona (Rev. Statutes, 1901. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.