Woodard v. Kilburn

I disagree with the decision of the majority in this case. Paragraph 2 of the complaint alleges: “That defendant, whose place of residence and post office address is Clayton, Union County, New Mexico, is a sole trader doing business under the style and trade name of Kilburn Burial Association.”

This is an allegation of an ultimate fact and tendered the issue whether F. P. Kilburn, the defendant, was operating as a sole trader “doing business under the style and trade name of Kilburn Burial Association”. While it is true, as the prevailing opinion suggests, that the recitations and provisions…