201 P. 682 | Mont. | 1921
delivered the opinion of the court.
The complaint in this action consists of three paragraphs.
The gravamen of the plaintiff’s cause of action must be found, if at all, in paragraph 2 of the complaint, quoted above. Section 6532, Eevised Codes, provides that a complaint must contain “a statement of the facts constituting
“8663. Extortion is the obtaining property from another with his consent induced by wrongful use of force or fear or under color of official right.
“8664. Fear, such as will constitute extortion, may be induced by a threat either—
“1. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his, or member of his family; or,
“2. To accuse him or any relative or member of his family of any crime; or,
“3. To expose or impute to them or him any deformity or disgrace; or,
“4. To expose any secret affecting him or them.”
In an action to recover money paid involuntarily, the complaint must state the facts which constitute a legal basis for the charge of involuntary payment, so that the court may be able to determine whether the pleader’s conclusion is justified. (Kamenitsky v. Corcoran, 177 App. Div. 605, 164 N. Y. Supp. 297; Kraemer v. Deustermann, 37 Minn. 469, 35 N. W. 276; Hanford Gas & Water Co. v. City of Hanford, 163 Cal. 108, 124 Pac. 727; Grant v. Williams, 54 Mont. 426, 171 Pac. 276.) “The object of pleading is to notify the opposite party of the facts which the pleader expects to prove, and so it is that the allegation of such facts must be made with that certainty which will enable the adverse party to prepare his evidence to meet the alleged facts.” (21 R. C. L. 436.)
This complaint does not give to the defendants the slightest intimation of the facts which they would be called upon to meet at the trial, and for this reason it does not state a cause of action, and will not sustain a judgment.
The judgment and order are reversed, and the cause is remanded for further proceedings.
Reversed, and remanded.