Phinney v. Phinney

Roosevelt, Justice.

Although the new Code has abolished all the ancient forms of pleading, it has not abolished the necessity of written specifications, in advance of the trial, of each party’s claim or defence. (§ 140.) These specifications, too, are required to be “ definite and certain,” so as to enable the court, as well as the adverse party, to see clearly the “ precise nature ” of the case intended to be made. (§ 160.) The complaint, in particular, must contain “a plain and concise statement of the facts constituting the cause of action, without unnecessary repetition.” And without…