Form

In practice. The model of an instrument or legal proceeding, containing The legal order or method of legal proceedings or construction of legal instraments.

1. A model or skeleton of an instrument to be used in a Judicial proceeding, containing the principal necessary matters, the proper technical terms or phrases, and whatever else is necessary to make it formally correct, arranged in proper and methodical order, and capable of bsing adapted to the circumstances of the specific case.
2. As distinguished from "substance," "form" means the legal or technical manner or order to be observed in legal instruments or juridical proceedings, or in the construction of legal documents or processes. The distinction between "form" and "substance" is often important in reference to the validity or amendment of pleadings. If the matter of the plea is bad or insufficient, irrespective of the manner of setting it forth, the defect is one of substance. If the matter of the plea is good and sufficient, but is inartificiali/ or defectively pleaded, the defect is one of form. Pierson v. Insurance Co., 7 Houst. (Del.) 307, 31 Atl. 966.

— Common form, Solemn form. See Probate.

— Form of the statute. The words, language, or frame of a statute, and hence the inhibition or command which it may contain; used in the phrase (in criminal pleading) "against the form of the statute in that case made and provided."

— Forms of action. The general designation of the various species or kinds of personal actions known to the common law, such as trover, trespass, debt, assumpsit, etc. These differ in their pleadings and evidence, as well as in the circumstances to which they are respectively applicable. Truax v. Parvis, 7 Houst. (Del.) 330, 32 Atl. 227.

— Matter of form. In pleadings, indictments, conveyances, etc., matter of form (as distinguished from matter of substance) is all that relates to the mode, form, or style of expressing the facts involved, the choice or arrangement of words, and other such particulars, without affecting the substantial validity or sufficiency of the instrument, or without going to the merits. Railway Co. v. Kurtz, 10 Ind. App. 60, 37 N. B. 303; Meath v. Mississippi Levee Com'rs, 109 U. S. 268v 3 Sup. Ct. 284, 27 L. Ed. 930; State v. Amidon, 58 Vt 524 2 Atl. 154.

1. A model or skeleton of an instrument to be used in a judicial proceeding, containing the principal necessary matters, the proper technical terms or phrases, and whatever else is necessary to make it formally correct, arranged in proper and methodical order, and capable of being adapted to the circumstances of the specific case. 2. As distinguished from "substance," "form" means the legal or technical manner or order to be observed in legal instruments or juridical proceedings, or in the construction of legal documents or processes. The distinction between "form" and "substance" is often important in reference to the validity or amendment of pleadings. If the matter of the plea is bad or insufficient, irrespective of the manner of setting it forth, the defect is one of substance. If the matter of the plea is good and sufficient, but is inartificially or defectively pleaded, the defect is one of form.

1. Established method of expression or practice; a fixed way of proceeding. Compare Course, 3. 3. The model of an instrument or legal proceeding; a formula.^ See Blanks. Opposed to substance. That without which the right sufficiently appears to the court is ' ' form. " Whatever Is wanting or imperfect, by reason whereof the right appears not, is a defect of substance.' Matter of form is whatever relates, not to the purpose or object of an instrument, or to a right involved in, or affected by, it, but merely to the language or expression, without affecting the issue presented, the evidence requisite, the right of a party, or a step necessary in furtherance of legal proceedings. Formal. Belonging or essential to the form or frame of a thing; not of the substance: as, a formal defect or irregularity, a formal party, q. v.; also, according to regular method of procedure. Opposed, substantial, real. See Demurrer. Form of action. The peculiar technical mode of framing the writ and pleadings appropriate to the particular injury which the action is intended to redress.* Forms of action. The classes into which actions at lavr are divided. Distinguishable, by peculiarities in the writs and pleadings, at common law, as account, annuity, assumpsit, covenant, debt, detinue, ejectment, replevin, trespass on the case; in some juris- '2 Daniel, Neg, Inst., 2 ed., § 1369, cases; Collins v. Gilbert, 91 U. S. 754 (1876), cases; Franks. Lanier, 91 N. T. 116 (1883), cases. See also 4 Wash. 726; 66 6a. 53; 19 Iowa, 299; 29 id. 493, 495; 62 id. 68; 2 Me. 363; 60 id. 409; 3 Gray, 441; 114 Mass. 318; 16 Minn. 473; 46 N. H. 267; 1 Wend. 200; 9 id. 141; 17 id. 229; 91 N. Y. 113; 15 Ohio, 721; 1 Ohio St. 187; 2 Binn. 629; 3 Phila. 351; 32 Pa. 529; 89 id. 432; 37 Tex. 692; 2 Bish. Cr. L. § 495, 2 Cr. Pr. § 398; 3 Chitty, Cr. L. 1032; 2 Whart. Cr. L. § 1418; 2 Arch. Cr. Pr. 797; 4 Cr. L. Mag. 545, 865. ' See Webster's Diet. dictions are or have also been included, injunction, mandamus, scire facias. In Kansas there is but one form of action, called a civil action. The plaintiff, for cause of action, states the actual facts, mthout common-law forms or fictions.^ lu Pennsylvania, by an act approved May 25, 1887 <P. L. 271), the forms of action are assumpsit^ to which the plea of the general issue is " non assumpsit," with the privilege of pleading payment, set off, and the statute of limitation; and trespass, in which the only plea is *' not guilty." Where the common-law forms have been abolished, the principles governing them at common law are frequently invoked. Where the formal distinctions between actions are abolished, the declaration states the facts which constitute the cause of action... When the facts are plainly and distinctly stated, the action will be regarded as either in tort or in contract; having regard, first, to the character of the remedy such facts indicate; and, second, to the most complete and ample redress which, upon the facts stated, the law can afford." See Action, 2; Conk. Form of the statute. The provision or enactment, the prohibition or direction, of a statute. Against the form of the statute. A technical phrase used in an indictment for a statutory offense; the "conclusion against the statute." '* Against the form of the statute in such case made and provided " is the usual expression, but any equivalent expression will be suf Hcient — any phrase which shows that the offense charged is founded on some statute.' Formality. Established order or method, rule of proceeding or expression. Opposed, informality.* Compare Eefobm; Unifobji. See Mamneb; Substance; Technical.