Gilmore v. Mathews
Supreme Judicial Court of Maine
On exceptions, arising on a demurrer to the declaration. Case : “ For that the said plaintiff was duly married to Edward Y. Gilmore, her late husband, thirteen years prior to the date of this writ, and lived with him till the twenty-third day of September last past, on which day he died of delirium tremens caused by excessive and habitual liquor drinking of a poisonous character, sold and furnished him principally by the said defendant, in and at his hotel situated in said…
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On exceptions, arising on a demurrer to the declaration. Case : “ For that the said plaintiff was duly married to Edward Y. Gilmore, her late husband, thirteen years prior to the date of this writ, and lived with him till the twenty-third day of September last past, on which day he died of delirium tremens caused by excessive and habitual liquor drinking of a poisonous character, sold and furnished him principally by the said defendant, in and at his hotel situated in said Searsport, and that during her said marriage she had by him two sons and one daughter; that at the time of her said…
1Opinion of the CourtDanforth, J.
This action is founded upon c. 63, § 4, of the acts of 1872, and comes before the law court upon a general demurrer to the declaration.
*520An indispensable rule of pleading requires that every traversable fact must be alleged as having occurred on some particular day, month and year. Platt v. Jones, 59 Maine, 232, 240.
• In this case there are no such dates, and in this respect the declaration is defective.
It is equally true that every fact necessary to sustain the action should be not only stated, but be set out distinctly and with certainty, leaving nothing to inference.
In both these respects…
2Cited by4 opinions
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- Fish v. ManningDistrict Court, S.D. New York · 1887