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Greiner Civil Procedure Version 02

Gillispie v. Goodyear Service Stores

This case provides an example of old-style code pleading.  We will contrast it with notice pleading, which was what the federal courts used from 1938 (when the Federal Rules of Civil Procedure came into existence) until the Supreme Court decided Twombly and Iqbal.

 

The complaint in Gillespie included the following allegation:

"On or about May 5, 1959, and May 6, 1959, the defendants, without cause or just excuse maliciously came upon and trespassed upon the premises occupied by the plaintiff as a residence, and by the use of harsh and threatening language and physical force directed against the plaintiff assaulted the plaintiff and placed her in great fear, and humiliated and embarrassed her by subjecting her to public scorn and ridicule, and caused her to be seized and exhibited to the public as a prisoner, and to be confined in a public jail, all to her great humiliation, embarrassment and harm."