Atkinson v. Davis

2 Citing cases

  1. Oliver v. Coffman

    112 Ind. App. 507 (Ind. Ct. App. 1942)   Cited 14 times
    In Oliver v. Coffman, 112 Ind. App. 507, 45 N.E.2d 351, 354, the court says: "An averment that a thing was negligently, or carelessly, or recklessly, or wilfully, or wantonly, or intentionally done is considered an averment of an ultimate fact. (citations)."

    Rulings on motion to make a complaint more specific are largely within the discretion of the trial court and its decision will not be reversed on appeal in the absence of 11. a showing of abuse of discretion. Atkinson v. Davis (1938), 105 Ind. App. 375, 379, 13 N.E.2d 355; Hill v. Boggs (1934), 98 Ind. App. 506, 509, 185 N.E. 300; Haskell, etc., Car Co. v. Trzop (1920), 190 Ind. 35, 40, 128 N.E. 401. A motion to make a pleading more specific is properly filed when the pleading to which the motion is addressed is not sufficiently definite to enable the adverse party to 12, 13. intelligently prepare his responsive pleadings or to, with certainty, prepare the case for trial.

  2. Meyer v. Garvin, Receiver

    110 Ind. App. 403 (Ind. Ct. App. 1941)   Cited 7 times

    Rulings on motions to make more specific are largely in the discretion of the trial court and this court will not consider such ruling cause for reversal unless the trial court is 1, 2. shown to have abused its discretion and that the complaining party has been harmed. Atkinson v. Davis (1938), 105 Ind. App. 375, 379, 13 N.E.2d 355; Indianapolis Power Light Co. v. Waltz (1938), 104 Ind. App. 526, 529, 12 N.E.2d 404; The Trayser Piano Company v. Kirschner (1880), 73 Ind. 183, 184. Section 2-1063, Burns' 1933, ยง 168, Baldwin's 1934, provides that in cases where the proof offered at trial is at total variance with the allegations of a pleading, the variance shall not be deemed material unless the complaining party has been misled to his prejudice in maintaining his action or defense upon the merits; and whenever it is alleged that a party has been so misled, that fact must be proved to the satisfaction of the trial court, and thereupon the court may order the pleading to be amended on such terms as may be just.