Procedure and Evidence -- 1957 Tennessee Survey

PLEADING Generally: Pleadings are construed liberally in favor of the pleader,and this is particularly true when the attack is made after judgment. Use of Several Counts: It is entirely proper under prevailing practice to state the same cause of action in several counts, each setting forth a different theory or ground of recovery; but they must not be so framed as to make the declaration prolix and unduly repetitious. Same-Pleading Evidence of Ultimate Fact: In most jurisdictions with a typical code, allegations of evidence from which the ultimate fact may be deduced, whether or not the deduction is expressly averred by the pleader, are insufficent against a demurrer for failure to state a cause of action. ============================== PARTIES Parties-Proper-Generally: A person who makes an unconditionalbid at a sale of realty ordered by the chancellor which is accepted becomes a party to the proceeding. If he secretly intends to buy onlyafter inspection and thereafter refuses to perform after inspection,he is guilty of contempt of court. ============================== PRESUMPTIONS Generally: The current opinions of our courts do little to dispel the confusion which afflicts the subject of presumptions generally. Courts and legislatures continue to use the term "conclusive presumptions"; but when the latter do so, the court is required to determine whether they mean what they say.