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· 6/27/1903

State ex rel. Werlein v. Ellis

Citations

  • 110 La. 1042
  • 35 So. 282
  • 1903 La. LEXIS 748

Syllabus

<p>APPEAL — BOND—AMOUNT.</p> <p>1. Section 2157 of the Revised Statutes, and not article 577 of the Code of Practice, governs in the matter of the amount of a suspensive appeal bond to be given where a tenant, against whom ejectment proceedings have been taken, is entitled to such an appeal, and under Rev. St. § 2157, it is held the trial judge may fix the amount of the bond.</p> <p>(Syllabus by the Court.)</p>

How courts have described this case

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

  • finding that a complaint was not a shotgun pleading where it was “implausible” that the defendant was “unable to ascertain the claims being lodged against it and the grounds upon which those claims rest[ed]”
  • noting that litigants sometimes incorporate by reference all preceding paragraphs “to plead their claims as broadly as possible so as to avoid constraining the universe of facts on which a given claim might rely”
  • determining the sufficiency of plaintiffs’ agency allegations by analyzing the facts “concerning the depth and breadth of [the alleged principal’s] purported control over [the alleged agent]”
  • in assessing the defendant’s Rule 12(e) motion, the court considered its notice of appearance in the case and previously filed stipulation, as both evidenced the defendant’s knowledge of the plaintiff’s claims
  • “While the Eleventh Circuit has made its disdain for ‘shotgun’ pleadings abundantly clear, dismissal of the complaint should be reserved for only the most egregious cases where it is virtually impossible to know which allegations of fact are intended to support which claim(s

Source: CourtListener parenthetical corpus (CC0).

Judges: Blanchard

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