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Vanderbilt Law Review

First Page

1339

Abstract

Construction and Sufficiency on Demurrer: A pleading must be construed in the light of matters judicially noticed; an allegation of facts from which the inference of the existence of an essential fact is no more reasonable or is less reasonable than an inference of its non-existence is not the equivalent of an allegation of that essential fact. ...

Thus in an action against a Pension Board for money due, a demurrer to the bill of complaint specifying only the failure to allege a ground of recovery does not raise the question whether the decision of the Pension Board is made final and conclusive by a pertinent statute...

Amendment--Oral Pleadings--Effect of Trial: In Tennessee the courts are especially liberal in permitting amendments in order to avoid arrest of judgment after trial and verdict. ...

Same--Adding New Parties Plaintiff: In an action for wrongful death brought by the administrator of the intestate's estate, an amendment which adds as parties plaintiff the next of kin for whose benefit the action is brought does not change the cause of action and is properly allowed. ...

Remedies--Certiorari--Common Law and Statutory-Non-judicial Tribunal=-Requisites of Petition: At common law certiorari from an inferior court.

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