Complainant

“ In private complaints he never takes the statement of the complainant. It is taken down by the reader when the court rises and got signed by the magistrate the following day. Whether the report received (upon such complaints) is favourable to the complainant or unfavourable to him, it is never ready by the magistrate, and complaints are dismissed without proper trial. ”

“ To the second interrogatory this deponent saith he did know the complainant when he was servant with the defendant, and that during the time of his the complainant’s service with the said defendant he the said complainant to this deponent’s knowledge did well and honestly behave himself, but to this deponent’s remembrance he hath not heard the defendant confess that he had got any great profit and commodity by the service of the said complainant ”

“ The defendant’s counsel, on the other hand, contended that the evidence of the complainant was incomplete; that it was in several respects highly improbable; and that it should not counterbalance the testimony of the most respectable defendant in his own behalf. The learned gentleman called upon the magistrates to dismiss the case, and intimated that, if the decision were against his client, he should appeal. The magistrates agreed with the complainant’s attorney; expressed an opinion that she was a much ill-used young woman ”

“ Such an answer does not make it necessary for the complainant to introduce more than one witness to overcome the defence, and the well-known omissions and defects of such an answer may have some tendency to prove the allegations of the bill of complaint, but they are not such an admission of the same as will constitute a sufficient foundation for a decree upon the merits. ”

“ In this view, it is unnecessary to consider the questions raised as to the right of the complainant to relief in equity upon the allegations of the bill of complaint, or as to the justiciability of the controversy, if it were assumed that the requirements invoked by the complainant are still in effect. ”

“ When the complaining witness is a woman who has merely lost money through the acts of the defendant, the jury are not so readily moved to accept her story in toto as when the crime charged is of a different character. They realize that the complainant, feeling that she has been injured, may be inclined to color her testimony, perhaps unconsciously, until the wrong becomes a crime. ”

“ Material allegations in the bill of complaint ought to be answered and admitted, or denied, if the facts are within the knowledge of the respondent; and if not, be ought to state what his belief is upon the subject, if he has any, and if he has none, and cannot form any, he ought to say so, and call on the complainant for proof of the alleged facts, or waive that branch of the controversy ”

“ The difficulty is in perceiving how molestation and annoyance, not of the employes of a complainant, but of persons who are merely looking for work and may become employes of the complainant, can be erected into a legal or equitable grievance on the part of the complainant. ”

“ Proceedings.—The preliminary proceedings are precisely like those in case of a trial. Upon complaint duly made a warrant is issued, and the accused is arrested and brought before the justice. In the presence of the accused, the magistrate examines the complainant and witnesses in support of the prosecution, upon oath, "in relation to any matter connected with such charge which may be deemed pertinent." ”

“ If any individual bring complaint or charges against the governor, and the Audiencia shall see that the matter is of such nature that it is of importance to know the truth concerning it, in such case they shall send one person to obtain the necessary information. The complainant or accuser must give bonds that he will pay the costs and the penalty which will be assessed against him in case the accusation proves false. ”

“ Any clerk of petty sessions may receive any complaint made to him personally by any master or servant, and after the same has been reduced into writing and signed by the complainant, may issue his summons against the defendant, and such summons shall have the same force and effect as if issued by a justice. ”

“ The clerk made out a formal summons, and the charge was preferred against me, with the customary exaggeration and the customary perversion of the truth on such occasions. The magistrate (an ill-tempered man, with a sour enjoyment in the exercise of his own power) inquired if any one on or near the road had witnessed the assault, and, greatly to my surprise, the complainant admitted the presence of the labourer in the field. I was enlightened, however, as to the object of the admission by the magistrate's next words. ”

“ The effect of these principles upon the statements of the complainant is obvious upon the slightest consideration. The complainant alleges that the obligation to which he had voluntarily become a party was intentionally made in fraud of the law, and for this reason he prays to be relieved from its fulfilment. ”

“ The commission may, when complaint is made of more than one rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately, and at such times as it may prescribe. No complaint shall at any time be dismissed because of the absence of damage to the complainant. ”

“ This contention, also, of complainant must fail.
We have given this case long consideration. The multitude of facts presented, the large interests involved, and the learned and cogent arguments of counsel, have compelled such consideration. ”

“ A young man, whose name has lapsed from my recollection, was charged by a female with attempting to commit an offence which I need not particularise, and I was directed to investigate the affair at the premises, without imparting to it any avoidable publicity. The accused party denied the misconduct imputed to him, and attributed the charge to spite and resentment on the part of the complainant and another inmate of the place. ”

“ The proposition to put the matter in the hands of experts chosen by the complainants is not to be seriously considered. The onus is upon the smelter men; they are the offenders, and they must take the steps necessary to remove the cause of complaint, and also reimburse those who have been injured. ”

“ Crowded together as thickly as they could stand were many of all classes of citizens, the jam extending far out into the hall. Mr. Mulkey, for the city, and Mr. Cronin, for Moffett, represented the complainants. Messrs. Parrish, Northup and Shoup were present to defend the ladies. Mr. Parrish obtained leave to withdraw the plea of "not guilty," and file a demurrer to the complaint as follows: Now comes the defendants and demur to the complaint herein, for the reasons: First-That the same does not contain facts sufficient to constitute a misdemeanor or crime. ”

“ Had this respondent been base enough to endeavor to bring about a breach of trust on the part of one in the service of the complainant, as imputed in the bill of complaint, it would have been impossible for him to have thought of presenting unworthy inducements of this sort to a gentleman of the unblemished reputation of Mr. ”

“ The complainants who have suffered under the lash may be pardoned for not being sufficiently charitable to him who has unwillingly inflicted it, while, on the other hand, he has been placed in a dangerous position, where a hard nature, or self-interest, or dislike for the victim, might have tempted him to be more cruel than his position required. ”

“ And the court having heard the arguments of counsel, and being fully advised in the premises, and being satisfied that the complainant is entitled to the relief prayed for in its bill of complaint for full relief, it is thereupon finally ordered, adjudged, and decreed: First. ”

“ That the complainants in the suit and their grantors from whom they claimed and from whom they had deeds of conveyance were in the adverse possession of the land as alleged, and that as a consequence thereof complainants were entitled to the relief for which they prayed. ”

“ The complainants have no doubt suffered loss. But it is not every loss suffered that gives a remedy. There is a very ancient head of the law known as damnum absque injuri a; and it is precisely that loss which these complainants have encountered. ”

“ Ere long the enjoyment of a superior good would have changed his disgust into regret. We can never have much sympathy with the complainer; for after searching nature through, we conclude that he must be both plaintiff and defendant too, and so had best come to a settlement without a hearing. He who receives an injury is to some extent an accomplice of the wrong doer. ”

“ A complaint must provide a foundation for that judgment. It must provide the affiant's answer to the magistrate's hypothetical question, 'What makes you think that the defendant committed the offense charged?' This does not reflect a requirement that the Commissioner ignore the credibility of the complaining witness. There is a difference between disbelieving the affiant and requiring him to indicate some basis for his allegations. Obviously any reliance upon factual allegations necessarily entails some degree of reliance upon the credibility of the source. ”

“ By logical extension, a complaint, containing as it does both factual allegations and legal conclusions, is frivolous where it lacks an arguable basis either in law or in fact. As the Courts of Appeals have recognized, § 1915 (d) 's term "frivolous," when applied to a complaint, embraces not only the inarguable legal conclusion, but also the fanciful factual allegation. ”

“ Complaint.—If a crime has been committed, the sufferer, or any one else, may appear before the justice of the peace and make complaint, under oath, specifying the nature of the crime, the time of its commission, and the name of the person believed to have perpetrated it, and requesting that he be apprehended for trial. ”

“ You are a clerk in a lawyer's office—that is a very serious element in this case; there can be no possible excuse made for you on the ground that you were not fully conversant with the nature of the crime you were committing, and the penalties that attach to it. It is said, however, that you were carried away by your emotions. The story has been told here to-day of your relations with this—er—Mrs. Honeywill; on that story both the defence and the plea for mercy were in effect based. ”

“ It is a well-settled principle of law that "a complaint should not be dismissed merely because a plaintiff's allegations do not support the particular legal theory he advances, for the court is under a duty to examine the complaint to determine if the allegations provide for relief on any possible theory." ”

“ Are not rewards always offered, when great and secret offences are committed? Rewards were offered in the case to which I have alluded; and every other means taken to discover the offenders, that ingenuity or the most persevering vigilance could suggest. The learned counsel have suffered their zeal to lead them into a strain of complaint at the manner in which the perpetrators of this crime were detected, almost indicating that they regard it as a positive injury to them to have found but their guilt. ”

“ Secondly, that 'all the forms of pleading heretofore existing are abolished.' The act proceeds to declare that the first pleading on the part of the plaintiff is the complaint, which shall contain, amongst other things, 'a plain and concise statement of the facts constituting a cause of action without unnecessary repetition.' Rev. Stat. 721. It provides that the defendant may demur for certain causes, but that other defences must be taken by answer. ”

“ In testing the sufficiency of the complaint on a motion to dismiss, all reasonable inferences must be resolved in favor of the complaint, and the pleadings are to be liberally construed. Id. Our rules require fact pleading, and a complaint must state facts, not mere conclusions, in order to entitle the pleader to relief. ”

“ A pro se complaint provides an unsatisfactory foundation for deciding the merits of important questions, because typically it is inartfully drawn, unclear, and equivocal, and because thorough pleadings, affidavits, and possibly an evidentiary hearing will usually bring out facts which simplify or make unnecessary the decision of questions presented by the naked complaint. ”

“ On being shown into the room, he said: "Now, sir, I have come to get your advice."
"Yes," answered the lawyer; "what is the matter?"
"That is for you to find out," said the old man. "I have come to you to get advice, not to give it."
3. The lawyer had never before met so queer a client. No one was in the habit of speaking so bluntly to him. He was rather amused than angry, and made up his mind to find out what the old man really wanted with him.
So he asked: "Have you a complaint to make against any one?"
[Pg 115]
"No," said the farmer; "I live at peace with all my neighbors." ”

“ One against whom, after [a plea of] denial, judgment is given, shall pay the amount [adjudged to the plaintiff] together with an equal sum to the monarch. [52] One who has made a false complaint, shall forfeit double the amount of his claim.
12. In a case of atrocious violence, of theft, of reviling or personal trespass, [53] where a cow is the [12] subject, or a [malicious] charge of crime, [54] or an offence destructive of life or property [54] where a female [of the household] is the subject— [in each of these cases] the Court shall compel the parties to go to trial forthwith. ”

“ In the ecclesiastical courts the statements of the parties are called generally pleas. The statement of the plaintiff in civil Ecclesiastical suits is called a libel; of the promoter in criminal suits articles. Every subsequent plea is called an allegation. To the responsive allegation of the defendant the promoter may plead a counter-allegation. The cause is concluded when the parties renounce any further allegation. ”

“ Even now, though the complaining party has filed an assignment of errors and submitted a written argument, it is by no means certain what the precise complaint is, unless it be that the verdict, in their view, is for the wrong party. ”

“ A solid ground of complaint must therefore exist, to induce an individual to prosecute a public officer, and public officers are careful not to furnish these grounds of complaint, when they are afraid of being prosecuted. ”