What is MISPLEADING?

Pleading incorrectly, or omitting anything in pleading which is es sential to the support or defense of an action, is so called; as in the case of a plaintiff not merely stating his title in a defective manner, but setting forth a title which is essentially defective in itself; or if, to an action of debt, the defendant pleads “not guilty” instead of nil debet. Brown. See Lovett v. Pell, 22 Wend. (N. Y.) 370; Chicago & A. R. Co. v. Murphy, 198 111. 402, 04 N. E. 1011.

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