his defense. The complaint of the plaintiff and the answer of the
defendant constitute what are called the pleadings. [Footnote: For a more
extensive discussion of pleadings, see chapter VII.; or Dole, pp. 30-42.]
If the answer contains a counter-claim, the plaintiff is entitled to a
further pleading called the Reply. The pleadings contain simply a
statement of the facts upon which the parties rely in support of their
case. No evidence, inference or argument is permitted in them.

Issue.--It is a principle of pleading that "everything not denied is
presumed to be admitted." The fact or facts asserted by one party and
denied by the other constitute the issue. If the defendant does not make
answer on or before the day appointed in the summons and does not appear
on that day, judgment may be rendered against him. If the plaintiff fail
to appear, he loses the suit and has to pay the costs. For sufficient
cause either party may have the suit adjourned or postponed for a short
time.

Jury.--On demand of either party a jury must be impaneled. The jury
usually consists of twelve persons, but by consent of the parties the
number may be less. The jury is impaneled as follows: The justice directs
the sheriff or constable to make a list of twenty-four inhabitants of the
county qualified to serve as jurors in the district court, or of eighteen
if the jury is to consist of six persons. Each party may then strike out
six of the names. The justice then issues a venire [Footnote: For forms,
see page 280.] to the sheriff or a constable, directing him to summon the
persons whose names remain on the list to act as jurors.

Witnesses.--If any of the witnesses should be unwilling to come, the
justice issues a subpoena [Footnote: For forms, see page 279.] commanding
them to appear. The subpoena may contain any number of names and may be