Shorey v. Chandler
Supreme Judicial Court of Maine
On exceptions from the superior court. The exceptions were to the ruling of the court in overruling a general demurrer to the declaration. The point is stated in the opinion.
Read the full summary
On exceptions from the superior court. The exceptions were to the ruling of the court in overruling a general demurrer to the declaration. The point is stated in the opinion. This action is based upon section forty-nine of chapter twenty-seven of the Revised Statutes as follows : "Every wife, child, parent, guardian, husband or other person, who is injured in person, property, means of support or otherwise, by any intoxicated person, or by reason of the intoxication of any person, has a right of action in his own name against any one, who by selling or giving any intoxicating liquors, or…
1Opinion of the CourtPeters, C. J.
In this state the general rules of pleading are simple and certain, and should be adhered to. The law should be observed because it is the law. The toleration of constant departures from the rules soon casts them into confusion and disrepute.
No rule has been better established in this state than that requiring in declarations that the time of every traversable fact shall 1)0 named. The pleader must name, some certain day, whether correctly named or not. The rule imposes no burden *412or TÍsk. It is easier to obey than it is to disobey it. declarations omitting this certainty of allegations have…
2Cases cited1 opinion
- Bryant v. TidgewellMassachusetts Supreme Judicial Court · 1882
3Cited by1 opinion
- Hutchins v. LibbySupreme Judicial Court of Maine · 1953