Legal Opinion

Ellis v. Crockett

Hawaii Supreme Court

Decided February 25, 1969No. 4706PublishedCited by 131 opinions

1Opinion of the Court

OPINION OF THE COURT BT

LEVINSON, J.

The seventeen-page complaint in this case is prolix and ambiguous, sometimes contradictory, and often difficult to comprehend. Although there are numerous allegations of fraud, most of which are stated with particularity as required by the Hawaii Eules of Civil Procedure, Eule 9(b), the complaint as a whole is a gross violation of H.E.C.P., Eule 8(e) (1) which requires that “[e]ach averment of a pleading shall be simple, concise, and direct.” Both rules should be adhered to. The complaint purports to allege five “causes of action,” an outdated term not used…

2Cases cited25 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
  3. Israel v. Wood Dolson Co.New York Court of Appeals · 1956
  4. Southern Construction Co. v. PickardSupreme Court of the United States · 1962
  5. Home Owners Federal Savings & Loan Ass'n v. Northwestern Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1968

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3Cited by131 opinions

  1. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  2. Hoffman v. StamperCourt of Appeals of Maryland · 2005
  3. Monat v. State Farm InsuranceMichigan Supreme Court · 2004
  4. Robert's Hawaii School Bus, Inc. v. Laupahoehoe Transportation Co.Hawaii Supreme Court · 1999
  5. Pele Defense Fund v. PatyHawaii Supreme Court · 1992

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