Dominelli v. Markowski

Rodney, J.,

delivering the opinion of the Court:

It is a general rule of pleading in personal actions that the time of every traversable fact must be stated — that every such fact must be alleged to have taken place on some particular day. There is little practical certainty obtained from the observance of the rule, however, since in most cases the time is not material and the pleader is not confined in his proof to the date alleged, but may prove a different date or time and the adverse party is but little better informed than if no date had been alleged. The rule exists, however, that some…