The equity pleadings incorporated in this treatise have been studiously made as brief as possible to conform to the letter and spirit of the Judicature Act and of the Rules of the Supreme Court promulgated under that act, by virtue of which laws and rules it is provided that the pleading shall contain only a concise statement of fact without repetition, and that all equity pleadings shall be as brief as the case will permit, and shall not state facts of which the court takes judicial notice, nor any statement not required to be proved except where specially required by rule or statute.9

5. Carpenter v. Dennison, 208 Mich. 445.

6. Taylor v. DeVoe, 100 Mich. 581; Dawson v. Peter, 119 Mich. 610; Morris v. Auditor-General, 143 Mich. 610; Vincent v. Evans, 165 Mich. 695; Morris v. Summer, 164 Mich. 208.

7. Seymour v. Rood, 121 Mich.

173; Doland v. Smith, 147 Mich. 276; Timken v. Piper, 141 Mich. 95; Warren v. Warren, 151 Mich. 402; Miscotten v. Helenthal, 162 Mich. 402.

8. Vier v. Detroit, 111 Mich. 646; Campau v. Lafferty, 50 Mich. 114; Horton v. Helmholtz, 149 Mich. 227.

9. Sec. 2.-All pleadings must

It is further provided that no longer is it necessary to set forth a written instrument relied upon in the body of the pleading, but it shall be sufficient if a copy thereof shall be attached to the pleading as an exhibit, which exhibit shall be deemed a part of the pleading, and if the written instrument is one the form of which is prescribed by statute, it need neither be set forth in the pleading nor attached as an exhibit.

Other changes in equity pleading and practice are that the term "Solicitor in Chancery" has now become obsolete, the correct designation of all lawyers practicing before courts of record in this state is "Attorney and Counsellor."10

Replications have now been abolished.11 contain a plain and concise statement without repetition of the facts on which the pleader relies in stating his cause of action or defense and no others. Each count or division of a pleading shall, so far as practicable, be divided into paragraphs consecutively numbered, each containing as near as may be, a separate allegation. Dates, sums, and numbers may be expressed in either figures or in words.

Sec. 3.-Pleadings shall be as brief as the nature of the case will admit and shall not state facts of which the courts take judicial notice, nor matters of evidence, and no pleading shall set forth any statement not required to be proved, except where specially required by rule or statute. Pleadings substantially similar to the forms annexed to these rules will be deemed suitable and sufficient. where the same are applicable.

Sec. 4.-In pleading a judgment, or the decision of a court or of an officer or a board of special jurisdiction, it shall be sufficient to allege generally that judgment or decision was duly given or made.

Sec. 5.-In pleading the performance of a condition precedent in a contract, it shall be sufficient to allege generally that the party performed all the conditions on his part; if the allegations be denied, the facts showing performance must be proved on the trial.

Sec. 6.-Whenever a cause of action or defense is based upon a written instrument or document, the substance only of such instrument or document, shall be set forth in the pleading, and a copy thereof shall be attached to the pleading as an exhibit, which shall be deemed to be a part of the pleading, or said copy may with like effect be set forth in the pleading, provided that such copy need not be attached or set forth when the written instrument or document is one the form of which is prescribed by statute. Profert shall not be required. Michigan Circuit Court Rule No. 21.

10. Compiled Laws 1915, Section. 12053.

11. Public Acts 1915, Chapter 14, Sec. 14.

In civil actions the term "Complainant" has been abolished and the term "Plaintiff" is now the correct designation of the moving party in an equity action.12

The term "Register in Chancery" has also been abolished and the county clerk discharges the function of the register of chancery, and his correct appellation is clerk of the Circuit Court.13

It is no longer necessary to pray for summons in the bill of complaint, as the plaintiff is entitled to process by rule of the court upon filing the bill of complaint.14 Neither is it necessary to incorporate in the bill of complaint an averment that the answer under oath of the defendant is waived, as such a requirement is automatically waived by failure to incorporate such a request in the bill of complaint.15