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Procedure And Evidence -- 1961 Tennessee Survey, Edmund M. Morgan
Procedure And Evidence -- 1961 Tennessee Survey, Edmund M. Morgan
Vanderbilt Law Review
In this article no mention is made of the numerous reiterations of the rule that in considering a motion for a directed verdict, the trial court must deny the motion where there is any material evidence that would warrant a jury in finding against the moving party. Nor is there noted the many, many applications of the courts' settled practice to deny a petition to rehear which merely reargues matters which counsel insist were improperly decided after argument and full consideration. Again, it must be said that this survey is in most respects a mere "horizontal digest." Thus far the …
Procedure And Evidence -- 1960 Tennessee Survey, Edmund M. Morgan
Procedure And Evidence -- 1960 Tennessee Survey, Edmund M. Morgan
Vanderbilt Law Review
This survey is in large part merely what Professor Chafee once characterized as a horizontal digest. In the previous survey a request was made that interested members of the Bar advise the "Editor-in-Chief of this Review whether the character of the annual survey of this subject should be changed. The request is repeated herewith.
Procedure And Evidence -- 1957 Tennessee Survey, Edmund M. Morgan
Procedure And Evidence -- 1957 Tennessee Survey, Edmund M. Morgan
Vanderbilt Law Review
PLEADING
Generally: Pleadings are construed liberally in favor of the pleader,and this is particularly true when the attack is made after judgment.
Use of Several Counts: It is entirely proper under prevailing practice to state the same cause of action in several counts, each setting forth a different theory or ground of recovery; but they must not be so framed as to make the declaration prolix and unduly repetitious.
Same-Pleading Evidence of Ultimate Fact: In most jurisdictions with a typical code, allegations of evidence from which the ultimate fact may be deduced, whether or not the deduction is expressly averred …