(Download) "Cook v. Galen" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Cook v. Galen
- Author : Supreme Court of Montana
- Release Date : January 27, 1928
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Pleading ? Use of Participial Phrase Permissible ? Complaint ? When Deemed Sufficient ? Indemnity Bonds ? How to be Construed. Pleading ? Use of Participial Phrase Permissible Under Code. 1. While the use of the participial phrase in pleading under the common law was not permissible, it does not vitiate a pleading under Code pleading. Same ? What not Mere Recital. 2. Held, under the last above rule that an allegation in the complaint in an action on a bond whereby defendant undertook to hold plaintiff harmless in the matter of his purchase of realty by reason of a judgment lien on the property, to the effect that the judgment became a lien upon the property "then owned" by defendant, would not have been bad pleading if the word "being" had been inserted between the word "then" and "owned," and that the phrase as used is as direct and strong as it would be had the word "being" been used, and therefore was a statement and not merely a recital or introductory to a statement. - Page 335 3. The rigorous rules of the common law relative to pleading were abolished by the Codes; allegations must be construed with a view to substantial justice between the parties, and in determining whether a complaint states a cause of action or entitles plaintiff to any relief, matters of form must be disregarded; if the pleading as a whole shows its general intent and purpose, it is sufficient. Same ? Complaint ? What Constitutes an Allegation of Fact, not Mere Recital. 4. An allegation, following one to the effect that plaintiff had filed a transcript of a judgment with the clerk of the court in which the action was brought, that thereupon "said judgment became a lien upon the lands" of defendant, held an allegation of fact and not mere recital. Same ? Complaint ? Whatever Necessarily Inferable from Direct Statement must be Deemed Directly Averred. 5. Under the rule that whatever is necessarily implied by a statement in a complaint directly made or is reasonably to be inferred therefrom is to be treated as averred directly, an allegation that plaintiff, in an action on a bond given by the owner of land to save harmless plaintiff purchaser from a judgment lien thereon, was required to pay the amount of the judgment was sufficient to show damage accruing to him. Indemnity Bonds ? How to be Construed. 6. A bond must be so construed as to best effectuate and carry into operation the reasonable intention of the parties.
 "Cook v. Galen" by Supreme Court of Montana " eBook PDF Kindle ePub Free){kind=link}