(DOWNLOAD) "Berryman v. Berryman" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Berryman v. Berryman
- Author : Colorado Supreme Court
- Release Date : January 12, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
In the terms of the former code we have a statement of the facts constituting a cause of action in ordinary and concise language and a demand for the relief which plaintiff claims. In the terms of the new rules of civil procedure, we have a plain statement of claim showing that the pleader is entitled to relief and a demand for judgment for the relief to which he deems himself entitled. Assuming that the specific relief prayed for cannot be granted under our Colorado statutes, we have here presented the question whether the complaint shall be judged by its allegations or by its prayer; by its statement of claim and facts showing plainly that plaintiff is entitled to relief, or by its request for a relief to which he is not entitled. If the complaint is to be judged by the latter, the motion to dismiss was properly sustained; if it is to be judged by the former, the motion to dismiss should have been denied.
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