Complaint (law)

“ The Rules compel the Panel to “decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.” Complainant relies upon common law rights and it was incumbent upon him to provide evidence of those rights with the complaint. He has failed to do so. ”

“ No person or undertaking shall cause or threaten any type of harm to another person or undertaking for the purpose of causing such other person or undertaking to refrain from filing a complaint, or pursuing a complaint already filed, with the KCC or the concerned District Court containing allegations of violations of the present law. ”

“ I cannot accept the Court's flat assertion that 'petitioner has not attempted to state a claim under state law,' in view of the liberality of pleading practice under the Federal Civil Rules. 'A motion to dismiss a complaint, without the aid of anything except the complaint itself, is usually a most undesirable way for a defendant to seek a victory. ”

“ The complaint may, in some instances, be upon information and belief. The exigencies may be such that the criminal may escape punishment unless he is promptly apprehended by the representatives of the country whose law he has violated. From the very nature of the case it may often happen that such representative can have no personal knowledge of the crime. If the offense be one of the treaty crimes, and if it be stated clearly and explicitly, so that the accused knows EXACTLY WHAT THE CHARGE IS, THE COMPLAINT is sufficient to authorize the commissioner to act. ”

“ It is true that in an action on the case for negligence, wherein the declaration or complaint is not based on mere nonfeasance it is not necessary to plead a consideration, and, therefore, where the action is based on the manner in which an undertaking was performed, or, in other words, on some misfeasance or malfeasance, the allegation of a consideration may be regarded as one of the markings of an action ex contractu. ”

“ The plaintiff must, in his declaration, give the defendant notice of what his complaint is. He must recover secundum allegata et probata. What is it that a declaration of this sort should state in order to fulfil those conditions? It ought to state the facts upon which the supposed duty is founded, and the duty to the plaintiff with the breach of which the defendant is charged. It is not enough to show that the defendant has been guilty of negligence, without showing in what respect he was negligent, and how he became bound to use care to prevent injury to others. ”

“ The point is made in it that damages are not part of the 'issues' in a lawsuit, and that the interrogatories to be answered by a defendant under a bill of discovery are to be directed to the issues and not to anything else. There is indeed a rule of common-law pleading that the statement of general damages in the ad damnum clause of a complaint is not an issuable allegation. ”

“ It further provides that if the judge has probable cause to believe that any public officer removable by law has been guilty of misfeasance or malfeasance in office, he shall make findings to this effect and serve them upon the public official having jurisdiction to remove the accused officer.↑ Section 767.4 provides that findings of probable cause transmitted to the Governor by a judge who has conducted an investigation under § 767.3 shall be a sufficient complaint as a basis for initiation of removal proceedings. ”

“ That is not here charged; and therefore the count ought to show the ingredients which make the instigation to a suit actionable. The plaintiff has not done this; for, beyond all doubt, the absence of reasonable or probable cause is one such ingredient, in the absence of which it does not appear that the plaintiff has been unlawfully disturbed.
Patteson, J. I think this declaration is bad, for the reason already given. The case is analogous to that of a complaint of malicious prosecution or arrest; and here, as there, the want of reasonable or probable cause ought to be alleged. ”

“ If the complaint, as in the present instance, sets forth two or more grounds for relief, either of which is sufficient to support a judgment in favor of the plaintiff, a finding upon one of such issues is sufficient, and a failure to find upon the other does not constitute a mistrial, or render the decision against law.' Brison v. ”

“ It is a case of the inclusion of those who ought to have been excluded. Hence, unless appellant can show that he himself has been wrongfully included in the terms of the law, he can have no just ground of complaint. ”

“ The Court said: 'When such a question rises in an action at law, its decision would usually depend upon matters of fact, and also usually involves a denial of formal, but necessary, allegations contained in the plaintiff's declaration or complaint. Such a case would be presented when the plaintiff's allegation that the controversy was between citizens of different states, or when, as in the present case, the allegation that the matter in dispute was of sufficient value to give the court jurisdiction, was denied. ”

“ But however culpable the defendant may have been for neglecting his duty to the public, that cannot be made the foundation of a private action by the plaintiff. Although the defendant may have agreed not to prosecute, and the complaint may have been afterwards made from a malicious feeling towards the plaintiff, still the fact of probable cause remains; and so long as it exists, it is a complete defence. There is enough in the defendant’s conduct to induce a rigid scrutiny of the defence. ”

“ Pleadings, in informations for seizures upon land, or for confiscation of property, as well as in causes of admiralty or maritime jurisdiction, or in actions at law, or suits in equity, are governed by certain well-established rules of practice, which require that the allegations shall correspond with the facts as proved, and that the information, as in the case of a libel, declaration, or bill of complaint, if filed in a Federal court, shall show that the court has jurisdiction of the cause of action. ”

“ That of course does not prevent him from relying here also on the second ground, which raises simply a question of law as to the sufficiency of the complaint. See United Brotherhood of Carpenters and Joiners of America v. United States, 330 U.S. 395, 412, 67 S.Ct. 775, 784, 91 L.Ed. 973; Weems v. United States, 217 U.S. 349, 362, 30 S.Ct. 544, 547, 54 L.Ed. 793; Fed.Rules Crim.Proc., Rule 52 (b) .↑ Rule 3: 'The complaint is a written statement of the essential facts constituting the offense charged. ”

“ And it would seem that it is against the law to raise hand against any man, however much he offends you, the proper course being to make complaint according to the regulations of the service. Is that so? ”

“ Any person may lodge a complaint to the courts against any measure taken to restrict his personal freedom. The Law shall regulate the right of complaint in a manner ensuring a decision regarding it within a definite period or else release shall be imperative. ”

“ What is the Police? This we can best answer by a deduction of the conception of the police power of the state. The state, as such, has entered into a common compact with its citizens by which each party assumes certain duties and receives certain rights. We have shown the means of connection between the state and the citizens in all cases in which the citizen can and undoubtedly will prefer complaint. ”

“ 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 ”

“ 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. ”

“ But it is not necessary to rest the case entirely upon the State rule of decision, as it is clear that the matters alleged in the bill of complaint are not sufficient to support any such theory, nor is that the true theory of the claim made by the complainants. ”

“ Does any man presume to go to that table, the symbol of love; does any one presume to approach the feast of peace, who, at the same moment, meditates war against christians, and is preparing to destroy those whom Christ died to save, to spill the blood of those for whom Christ shed his own!
Hearts unfeeling as the flint! In many particulars you are united by nature and necessity; yet in life and action, where you may freely choose your conduct, you are rent asunder by unaccountable dissension and strife! By the law of nature, you are all born into the world, of a woman ”

“ If there cannot be a greater misfortune to the commonwealth, than a general neglect and disobedience of the laws, let it be considered as a certain truth, that the voice of law, divine or human, is never heard amid the clangor of arms, and the din of battle. If you deem debauchery, rape, incest, and crimes of still greater turpitude than these, foul disgraces to human nature, depend upon it that war leads to all of them, in their most aggravated atrocity. ”

“ Technically, of course, the 12 (b) (6) motion does not attack the merits of the case -- it merely challenges the pleader's failure to state a claim properly. 5 C. Wright, A. Miller & M. Kane, Federal Practice and Procedure § 1364, at 340 (Supp. 1987) . In deciding a 12 (b) (6) motion, the court must determine whether plaintiff's complaint sets forth sufficient allegations to establish a claim for relief. The court must accept all allegations in the complaint at "face value" and construe them in the light most favorable to the plaintiff. ”

“ If the court does later exercise its jurisdiction to determine that the allegations in the complaint do not state a ground for relief, then dismissal of the case would be on the merits, not for want of jurisdiction. ”

“ If the statute demands inquiry into the sufficiency of the complaint, or, still less, the plaintiff's good-faith belief that the complaint is sufficient, requirement of a complaint and a factual affidavit would permit a court to make these minimal determinations. But neither inquiry adequately reduces the risk of erroneous deprivation. ”

“ It is true that the court of appeals asks us to assume the bill of complaint to be 'in other respects sufficient,' that is, sufficient to entitle complainant to relief, if the fraud alleged were available. ”

“ In private life, you bear with some things in a brother-in-law which you bear with only because he is a brother-in-law; and will you bear with nothing in him who by the tie of the same religion is also a brother? You pardon many little offences on account of nearness of kindred, and will you pardon nothing on account of an affinity founded in religion? ”

“ If we are so anxious, as we pretend, to support religion, law, and order, and particularly to convert an unbelieving nation to christianity, let us first prove ourselves to be sincere followers of Christ. Will the nation to whom we intend the favour of conversion to christianity by fire and sword, believe that we ourselves are christians, when they see, what is too evident to be denied, that no people on earth quarrel and fight, one among another, more savagely than we christians ”

“ There is no ground in reason or authority for making such an exception to the general rule, which requires the plaintiff, in the first instance, to establish by proof the allegations of its complaint. It does not tend to establish such an exception that it appears by the record that one or the other of the respondents must have been so in fault as to be liable for the consequences. ”

“ They are an attempt to make the necessary implications of the answer no part of it. The averment of a pleading need not be so certain than an affirmative allegation of the existence of a fact or condition must be accompanied by the negation of that which is contradictory to it or inconsistent with it. The answer besides is addressed to the complaint and to the rates and order of the Commission that constitute the bases of the complaint, and puts them and the effect of them in issue. ”

“ In addition to, or instead of, filing a harassment complaint through this policy, a person may choose to exercise other options, including but not limited to filing a complaint with outside agencies including the police or filing a private lawsuit. ”

“ If a plaintiff presents a nonjusticiable issue, or seeks relief that a court may not award, then its complaint should be dismissed for those reasons, and not because the plaintiff lacks a stake in obtaining that relief, and hence has no standing. ”

“ Whether they have abused, or misused their privileges, is an inquiry more proper for the legislature to institute, under the provisions of the 20th section of the law, than for this court to make, in an application for a summary injunction; if we could interfere at all, on such an allegation, it would only be on a clear departure from the route, or a palpable abuse of their discretion, in a manner that could admit of no colorable excuse; such a case we think has not been made out by the complainants. ”

“ 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. ”