Devron v. Goesling

The author of the majority opinion, in concluding that only a question of fact is involved in this case and it is therefore unnecessary to state the pleadings, overlooks the fact that the sole function of pleadings is to bring the case to issue. It is the method prescribed by law for fully disclosing the nature and scope of the controversy, from which the issues are drawn, and they also serve as the guide post for the judicial determination of the evidence that is admissible. It therefore follows that in order to properly evaluate the evidence in this record, the pleadings must be set out.

The…