22-216
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22-216. Allegations required to be made by written and verified pleading A. An answer or other pleading made in a justice of the peace court which alleges any of the following matters shall be in writing, signed and verified by affidavit: 1. That the action is not commenced in the proper county or precinct. 2. That plaintiff has no legal capacity to sue. 3. That plaintiff is not entitled to recover in the capacity in which he sues. 4. That there is another action pending in this state between the same parties for the same cause of action or counterclaim. 5. That there is a defect of parties, plaintiff or defendant. 6. That plaintiffs or defendants, suing or sued as partners, are not partners as alleged. 7. That plaintiff or defendant, suing or sued as a corporation, is not a corporation as alleged. 8. That a written instrument purporting to be signed by him and relied on by the other party, was not executed by him or by his authority. 9. That the endorsement or assignment of a written instrument pleaded by the adverse party was not executed by the party by whom it purports to have been executed or by his authority. 10. That a written instrument pleaded by the adverse party is without consideration or that the consideration has failed in whole or in part. 11. That an account pleaded by the adverse party and verified by affidavit is not just, and in such case the answer shall set forth the items and particulars which are unjust. B. In an action to foreclose a mortgage or enforce a lien on personal property the pleadings shall be in writing. |