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· 5/29/1908

Harrison v. Stroud

Citations

  • 129 Ky. 193
  • 110 S.W. 828
  • 1908 Ky. LEXIS 147

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that it was improper for defendants to contest claims for attorney’s fees, among other forms of relief, on a Rule 12(b)(6) motion
  • “[A] plain reading of Rule 12(b)(6) indicates that the rule may be used only to dismiss a ‘claim’ in its entirety.” (internal citations omitted)
  • “[A] plain reading of Rule 12(b)(6) indicates that the rule may be used only to dismiss a ‘claim’ in its entirety.” (internal citations omitted)
  • a “demand for relief is not part of a plaintiff’s statement of the claim”
  • \[T]he nature of the relief included in the demand for judgment is immaterial to the question of whether a complaint adequately states a claim upon which relief can be granted.\ (citation omitted)
  • “A court therefore should not dismiss a complaint so 6 long as it sets out facts sufficient to support a reasonable inference that the plaintiff is entitled to any relief the court can grant, even if that relief is not specifically requested.” (Emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Rear

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.