(Download) "Mackey v. Spangler" by Arizona Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Mackey v. Spangler
- Author : Arizona Supreme Court
- Release Date : January 02, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Defendants moved to dismiss the complaint upon the ground that it failed to state a claim upon which relief could be granted. A denial of this motion is the first basis for claiming error of the trial court. Defendants contend that the basis of the action is a fraud upon the purchaser of the property and the usual elements of fraud upon the plaintiff not having been alleged no claim is stated warranting relief to the plaintiffs. Under the new rules of procedure the test as to whether a complaint is sufficient to withstand a motion to dismiss is whether enough is stated therein which, if true, would entitle plaintiff to some kind of relief on some theory. The court should not grant a motion to dismiss unless it appears certain that the plaintiff would be entitled to no relief under any state of facts which is susceptible of proof under the claim as stated. Rule 8(a), Rules of Civil Procedure 1956, section 21-404, A.C.A. 1939; 2 Moores Federal Practice, par. 8.13; 6 Moores Federal Practice, par. 54.60. The purpose of the foregoing rule is to avoid technicalities and give the opponent fair notice of the nature and basis of the claim and indicate generally the type of litigation involved. 1 Barron & Holtzoff, section 255. We have no difficulty in saying that, assuming the truth of the statements set forth in the complaint, the defendants obtained and illegally retained funds belonging to the plaintiffs, and the defendants by the statements are given fair notice of the nature of the litigation. The court correctly denied the motion to dismiss.
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