Papers on Appeal from Order of Special Term

Papers on Appeal from Order of Special Term

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...act set forth can be no stronger than can allegations of the meaning of a contract or other instrument set out. In Chesebro vs. Babcock, 59 Conn., p. 217, in discussing this subject the Court used very pertinent language. It said: "The statement of a conclusion of law is not the statement of a fact; it is not pleading. Bliss on Pleading, Sec. 210. 'Matter of law is never matter to be alleged in pleading. No issue can be framed upon an allegation as to the law. Facts only are pleadable, and upon them without allegation the Court pronounces and applies the law.'" In Pullman Car Company vs. Missouri Pacific Company, 115 U. S., p. 596, Mr. Chief Justice Waite said of an allegation that a purchase of stock of a railway company was made for the purpose of and with the intent of getting control of the company. "The effect of what was done is a question of law, not of fact. It is a matter of no importance what the purpose of the parties was, if what they did was not sufficient in law to accomplish what they wanted." The application is obvious. In Fogg vs. Blair, 139 U. S., p. 127, Mr. Justice Harlan, following out the same line of reasoning, that a pleader should "not content himself with charging generally that what was done was 'colorable, ' 'a fraud, ' 'a breach of trust' and 'a scheme'. These are allegations of legal conclusions merely." The application of this language must also be apparent. If the declaration of the dividend was a representation of any kind it was so by operation of law--a deduction made by the law from the act, and the effect of the act, which is what is here pleaded, a legal conclusion. It may be asked if this allegation be a legal conclusion, how are defendants harmed by it? They will not more

Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • United States
  • English
  • black & white illustrations
  • 1236820924
  • 9781236820921