Freeman v. Freeman
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Freeborn county, Farmer, J., presiding, denying her motion to have the complaint made more definite and certain.
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Appeal by defendant from an order of the district court for Freeborn county, Farmer, J., presiding, denying her motion to have the complaint made more definite and certain. The action was for divorce on the ground of adultery, and the fifth paragraph of the complaint, referred to in the opinion, alleged on information and belief “that at divers times between March 1, 1883, and the commencement of the action, (March 14,1888,) and at divers places in the county of Freeborn, but at what particular times and places plaintiff is unable more particularly to state, said defendant has committed…
1Opinion of the Court
Gilfillan, C. J.1
In the conduct of actions there is no right more clear than that of a party to have the allegations in his adversary’s pleading made with such reasonable and practicable definiteness and certainty as to enable him to meet them with counter-allegations, and to prepare, so far as the truth of the case will permit, to meet them with proofs. In no class of cases has the sufficiency of pleadings, in this particular, come in question more frequently than in actions for divorce on the ground of adultery. As the result of the decisions, it may be stated that in general, in alleging…
2Cited by4 opinions
- R v. MMissouri Court of Appeals · 1964
- Poole v. PooleSupreme Court of Iowa · 1936
- Scofield v. National Elevator Co.Supreme Court of Minnesota · 1896
- R v. MMissouri Court of Appeals · 1964