Ballenger v. Tillman

DEAN KING, District Judge:

I am dissenting in this case, not because I think an injustice has been done, but because I think it establishes a legal precedent which if followed will have a very adverse effect upon judicial proceedings in Montana designed to settle disputes and secure justice as between litigants. Our code system of pleading was adopted as an improvement on the old common-law system in which the pleadings were largely formal and largely legal conclusions. The complaint in this action is similar to but not sufficient as a common-law complaint.

I believe that the more fully the…