 Contrary to the common law rule, every reasonable intendment and presumption is to be made in favor of the pleading, and it will not be set aside on demurrer unless it be so fatally defective, that, taking all the facts to be admitted, the court can say...  Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 248by Wisconsin. Supreme Court, Philip Loring Spooner, Abram Daniel Smith, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1904Full view - About this book
 | John Norton Pomeroy - Actions and defenses - 1876 - 924 pages
...Supreme Court of Wisconsin in a similar case, is still stronger : " Contrary to the common-law rule every reasonable intendment and presumption is to be made in favor of the pleading." 2 The same interpretation is given to the provision in Iowa ; the old dogma of leaning against the... | |
 | Law reports, digests, etc - 1903 - 1250 pages
...therein, are said to be as effectually stated as if literally expressed. Section 2668. Rev. St 18ÖS, provides that, "In the construction of a pleading...applied In letter and spirit. Counsel cite to our attentiou and rely upon instances of that. However, the general trend of our decisions, It Is believed,... | |
 | Charles Theodore Boone - Code pleading - 1885 - 598 pages
...195, 199. \ 273. Presumptions. — Under the rule of liberal construction adopted by the Code system, every reasonable intendment and presumption is to be made in favor of a pleading.1 But much greater latitude of presumption to sustain a pleading is allowed where the objection... | |
 | Arthur George Sedgwick, Frederick Scott Wait - Land titles - 1886 - 956 pages
...view to substantial justice.' In Wisconsin the court observe, that " contrary to the common law rule, every reasonable intendment and presumption is to be made in favor of the pleading."4 The modification of the ancient rule was held, however, in a late case in the New York... | |
 | Samuel Maxwell - Civil procedure - 1892 - 932 pages
...against him, but requires the court to give the language employed its natural meaning and force, and every reasonable intendment and presumption is to be made in favor of the pleading. In effect, to apply the same rule that it would to a contract — sustain it if possible.1 Where the... | |
 | Law - 1893 - 498 pages
...against him, but requires the court to give the language employed its natural meaning and force, and every reasonable intendment and presumption is to be made in favor of the pleading. In effect to apply the same rule that it would to a contract — sustain it if possible."20 No set... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1897 - 1044 pages
...899.) "Contrary to the common law rule," as said by Dixon, CJ, in Morse r. (Hilwnn, 16 Wis., 504*, "Every reasonable intendment and presumption is to be made in favor of the pleading, and it will not be set aside on demurrer unless it be so fatally defective that, taking all the facts... | |
 | Washington (State). Supreme Court, Eugene Glenroy Kreider - Law reports, digests, etc - 1901 - 884 pages
...without deraigning his title. SAME TERMINATION OF TENANCY. Under the rule that, as against demurrer, every reasonable intendment and presumption is to be made in favor of the pleading, an allegation in a complaint that "said lease began and ended on the first day of each and every calendar... | |
 | Law reports, digests, etc - 1901 - 1242 pages
...liberally construed with a view to substantial justice between the parties. So it has been held that every reasonable intendment and presumption is to be made in favor of a pleading (Morse v. Oilman, 16 Wls. 504), and that if the essential facts can be gathered from the... | |
 | Wisconsin. Supreme Court - Law reports, digests, etc - 1902 - 780 pages
...to substantial justice between the parties," and conformably thereto it has often been decided that "every reasonable intendment and presumption is to be made in favor of a pleading " (Morse v. Gilman, 16 Wis. 504); and that, if the essential facts can be discovered, as... | |
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