American Law And Procedure volume 11

Cover American Law And Procedure volume 11
American Law And Procedure volume 11
3rd Session 1904 1905 United States Congress 58th
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(1) Halligan v. R. R. Co. , 15 111. 558.
(2) See, for an analogous case, Allen v. Parkhurst, 10 Vt. 557.
(3) Jarman v. Windsor, 2 Harr. (Del. ) 162.
(4) See the case cit^d in note 3L COMMON LAW PLEADING 157 § 8. What constitutes a prima facie case. How is one to tell what facts are necessary to make out a prima facie case, and what are not? There is no rule. Each case is solved on its own merits. Thus, take the case just sup- posed. Why does not the plaintiff have to allege that the defendant w
...as an adult when he made the contract? Be- cause most people who attempt to make contracts are adults. So the defendant, who is relying on the unusual fact of an infant (or person under age) attempting to make a contract, must allege such fact. So the plaintiff need not allege that the defendant was sane, since again most people who attempt to make contracts are sane.
If the plaintiff had to allege every fact necessary to show an unanswerable cause of action, it is plain on re- flection that his declaration would he enormously long.


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