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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 …