complaint

inter alia," any "utterance expressing a grievance." Webster's New International Unabridged Dictionary 546 (2d ed. 1957).

In Criminal Law. The allegation made to a proper officer that some person, whether known or unknown, has been guilty of a designated offense, with an offer to prove scriptive of proceedings before a magistrate. 11 Pick. (Mass.) 436. In Code Pleading. The plaintiff's flrst pleading in a civil action.

In Criminal Law. The allegation made to a proper officer that some person, whether known or unknown, has the offender may be punished. It is a technical term, descriptive of proceedings before a magistrate. Com. v. Davis. 11 Pick. (Mass.) 436. To have a legal effect, the complaint must be supported by Buch ev4dei iws that an offence has been committed and it certain or probable that it was committed by the person named or described in the complaint. The fact that a complaint is drawn in flagrant disregard of tbe rules of pleading is not sufficient to support a demurrer ther if the allegations le of a construction that will support tbe action; 1'. Nat Bank v. Bank. 18 X. Y. Supp. 758. In Practice. The name given in New York and other states to the statement of the plaintiff's case which takes tbe place of the declaration in common-law pleading.

In civil practice. In those states having a Code of Civil Procedure, the complaint is the first or initiatory pleading on the part of the plaintiff in a civll action. It corresponds to the declaration in the common-law practice. Code N. Y. § 141; Sharon v. Sharon, 67 Cal. 185, 7 Pac. 456; Railroad Co., v. Young, 154 Ind. 24, 55 N. E. 853; McMath v. Parsons, 26 Minn. 246, 2 N. W. 703. The complaint shall contain:
(1) The title of the cause, specifying the name or the court in which the action is brought, the name of the county in which the trial is reauired to be had, and the names of the parties to the action, plaintiff and defendant.
(2) A plain and concise statement of the facts constituting a cause of action, without unnecessary repetition ; and each material allegation shall be distinctly numbered.
(3) A demand of the relief to which the plnintiff supposes himself entitled. If the recovery of money be demanded, the amount thereof must be stated. Co.de N. C. 1883, § 233.

— Cross-complaint. In code practice. Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract or transaction upon which the action is brought, or affecting the property to which the action relates, he may, in addition to his answer, file at the same time, or by permission of the court subsequently, a cross-complaint. The cross-complaint must be served upon the parties affected thereby, and such parlies may demur or answer thereto as to the original complaint. Code Civ. Proc. Cal. § 442; Stand-ley v. Insurance Co., 95 Ind. 254; Harrison v. McCormick, 69 Cal. 616, 11 Pac. 456; Bank v. Ridpath, 29 Wash 687, 70 Pac. 139. In criminal law. A charge, preferred before a magistrate having jurisdiction, that a person named (or an unknown person) has committed a specified offense, with an offer to prove the fact, to the end that a prosecution may be instituted. It is a technical term, descriptive of proceedings before a magistrate. Hobbs v. Hill, 157 Mass. 556, 32 N. E. 862; Co.m. v. Davie, 11 Pick. (Mass.) 436; U. S. v. Co.llins (D. C.) 79 Fed. 66; Sinte v. Dodge Co.., 20 Neb. 595, 31 N. W. 117. The complaint is an allegation, made before a proper magistrate, that a person bas been guilty of a designated public offense. Code Ala. 1886, §4255.

Representation of facts constituting a supposed injury or offense, to a court or officer having jurisdiction; in some jurisdictions the first pleading in a civil action.

In civil practice. In those states having a Code of Civil Procedure, the complaint is the first or initiatory pleading on the part of the plaintiff in a civil action. It corresponds to the declaration in the common-law practice. Code N.Y.§ 141. Thecomplaint shallcontain: (1) The titleofthe cause, specifying the name of the court in which the action is brought, the name of the county in which the trial is required to be had, and the names of the parties to the action, plaintiff and defendant. (2) A plain and concise statement of the facts constituting a cause of action, without unnecessary repetition; and each material allegation shall be distinctly numbered. (8) A demand of the relief to which the plaintiff supposes himself entitled. Ifthe recovery of money be demanded, the amount thereof must be stated. Code N. C. 1863, § 233.

In criminal law. A charge, preferred before a magistrate having jurisdiction, that a person named (or an unknown person) has committed a specitied offense, with an offer to prove the fact, to the end that a prosecution may be instituted, It is a technical term, descriptive of proceedings before a magistrate. 11 Pick. 486. The complaint is an allegation, made before & proper magistrate, that a person has been guilty of a designated public offense. Code Ala, 1886, § 4255.

1. A formal charge that a person named has committed an offense, preferred before a magistrate or a tribunal authorized to inquire into the probable truth of the accusation. Refers to a proceeding before a magistrate." But may include an indictment.' Implies thatan oathhas been administered.' A complaint is the initial proceeding in criminal prosecutions and examinations before magistrates, and is made upon oath. If a jurat be attached, and it be properly certified by the magistrate, as is frequently the case, it will be essentially an " affidavit," But a complaint is not necessarily an affidavit, nor are they understood as convertible terms. For, though a complaint may be reduced to writing and subscribed, it need not be certified by the magistrate, since the fact may otherwise appear from his record. And it may be merely formal, made by one who has little, it any, knowledge about the facts, and the examination consist of the depositions of other witnesses. An "affidavit," on the other hand, as the term is ordinarily used, is a sworn statement of facts or a deposition in writing, and includes a jurat— a certificate of the magistrate showing that it was sworn to before him, including the date, and sometimes also the place.' 3. The first pleading filed by a plaintiff in a civil acti(m. The first pleading in an action; containing a statement of the cause of action, with a demand for the appropriate relief to which the party may be entitled. ' Complainant. One who prefers a charge of crime; also, he who institutes a civil suit, particularly a suit in equity. See Declaration, 3; Plaint. Compare

crim. law, is the allegation made to a proper officer, that some person, whether known or unknown, has been guilty of a designated offence, with an offer to prove the fact, and a request that the offender may be punished. To have a legal effect, the complaint must be supported by such evidence as shows that an act which constitutes an offence has been committed, and renders it certain or probable that it was committed by some _ person named or described in the complaint.