Beale v. Kappa Alpha Order

The Foundation made no appearance or defense to the action. The demurrer of the Order to the original declaration was sustained. Thereupon, plaintiff, by leave of court, filed an amended declaration to which the Order demurred. Defendant moved to strike certain allegations and to make others more specific. On consideration of these pleadings, the trial court stated "that the allegations of fact in the amended declaration are so interwoven with allegations constituting conclusions of law that it is difficult to segregate them and that if the attempt to segregate them were made and accomplished it would so destroy the context that it would leave the declaration almost unintelligible." The court thereupon ordered that the substance of the by-laws of the two corporations and reports of various committees and resolutions mentioned in the amended declaration be made a part thereof, or that such documents be filed as exhibits with the declaration.