Motter Mercantile Co. V. Hirsch (Mo. App.), 253 S. W. 163. 1249. Montana. 1250. -Statutory provisions. Rev. Codes of Mont. (1921) 9164 is the same in substance as Crawford & Moses Ark. Dig. (1921) 1224. General allegations as to plaintiff's services held controlled by specific allegations as to such services. Kroehnke v. Gold Creek Min. Co., 100 Mont. 571, 51 P. (2d) 640. 1255. Clerical errors. Where defendant in a water right suit set up his prescriptive right to the water in dispute, an allegation that his predecessor in interest began the diversion of water on a certain date in "1901," whereas subsequent allegations showed that "1891" was intended instead, the court properly treated the substitution of "1901" for "1891" as a clerical error and gave judgment accordingly. State v. Quantic, 37 Mont. 32, 94 Pac. 491. Standard of sufficiency. The standard by which the sufficiency of a complaint is tested is whether facts sufficient to state a cause of action can reasonably be inferred from the allegations. Fitzpatrick v. Stevenson, Mont. 67 P. (2d) 310. Construction on de "The rule is that, after issues are joined, the pleadings will be liberally construed. But when a pleading is tested by demurrer, before issue joined, it is construed most strongly against the pleader." Frye v. Omaha & C. B. S. R. Co., 106 Neb. 333, 183 N. W. 567. A petition challenged by demurrer charges what by reasonable intendment may be implied from the facts stated. Meeske v. Baumann, 122 Neb. 786, 241 N. W. 550. Petition first attacked by objection to introduction of evidence will be liberally construed. Peterson v. Wahlquist, 125 Neb. 247, 249 N. W. 678. 1263. 1264. Cases. Liberal construction. Pleading should be liberally construed. Smith v. Smith-Peterson Co., 56 Nev. 79, 45 P. (2d) 785, 48 P. (2d) 760. A pleading whose sufficiency is questioned by demurrer must be liberally construed. Phillips Petroleu m Co. v. Mattheson, Nev. 44 P. (2d) 56. Rule of liberal construction applied to complaint grounded on attractive nuisance theory. Smith v. Smith-Peterson Co., 56 Nev. 79, 45 P. (2d) 785, 48 P. (2d) 760. of the court or the judge thereof. N. M. Stats. Ann. (1929) 105-621. N. M. Stats. Ann. (1929) 105-524 is the same in substance as Crawford & Moses Ark. Dig. (1921) 1224. 1270. New York. 1273. -Rules of construction. The provision does not authorize an entire disregard of the fundamental rules of pleading as fixed by statute. Bernhan Chemical & Metal Corp. v. Ship-A-Hoy, Ltd., 200 App. Div. 399, 193 N. Y. Supp. 372, modified 234 N. Y. 563, 138 N. E. 447. The rule of liberal construction applies only to matters of form and has no application to the fundamental requisites of a cause of action, and was not intended to change the rule that a complaint must contain a plain and concise statement of facts constituting the cause of action without unnecessary repetition. Maylender v. Fulton County Gas & Electric Co., 131 Misc. 514, 227 N. Y. Supp. 209. On appeal the plaintiff will have the benefit of every fair inference drawn from the language of the complaint. Crosby v. Fowler, 222 App. Div. 619, 226 N. Y. Supp. 557. Woodruff v. Germansky, 233 N. Y. 365, 135 N. E. 601. Complaint held proper subject for liberal construction with respect to nature of agency assumed by trust company in receiving bills of exchange from owner. Columbia Overseas Corp. v. Banco Nacional Ultramarino, 198 App. Div. 699, 191 N. Y. Supp. 85. Rule applied to complaint, in action to recover for personal injuries, to admit evidence that plaintiff was engaged on maritime contract and therefore his employment was not under Workmen's Compensation Act. Newman v. Robins Dry Dock & Repair Co., 201 App. Div. 861, 193 N. Y. Supp. 59. Rule applied to complaint in action to recover damages for death alleged to have been caused by malpractice of physician. Griffin Bles, 202 App. Div. 443, 195 N. Y. Supp. 654. V. V. Rule of liberal construction applied to answer in libel which pleaded separate partial defenses in mitigation of damages, and in which facts were set forth in separate numbered paragraphs, which were construed together. Goodrow Press Co., Inc., 233 App. Div. 41, 251 N. Y. Supp. 364. See also Graham v. Buffalo General Laundries Corp., 261 N. Y. 165, 184 N. E. 746, aff'g 235 App. Div. 246, 257 N. Y. Supp. 101. Where a word used in a pleading has two different meanings, one the result of a judicial or statutory definition, the other of inaccurate popular use, the latter can only be adopted in construing the pleading when it plainly appears from other averments or the whole tenor of the pleading that such was the sense in which it was employed. Warren, 88 N. Y. 37. Cook v. "The Rules of the Code of Civil Procedure prescribing the requirements of a complaint in a civil ac tion are simple and liberal. The right of a plaintiff to bring and recover in the action is constituted of certain facts-the facts which constitute the civil wrong he believed had been caused him by the defendant, and his claim for redress. He must state in his complaint plainly and concisely those facts. He need not classify or denominate the wrong nor ask for the precise relief which the law awards nor confine his statement to the facts which are essential to his claim. If the complaint, by giving to the language as liberal a construction in his favor as it will reasonably bear, states facts showing that a remediable wrong of a civil nature of some kind has been done him, and that some form and measure of judicial redress is due him, it states a cause of action." Walrath v. Hanover Fire Ins. Co., 216 N. Y. 220, 110 N. E. 426. are to be accepted by the court as true, and if any portion of it, to any extent, states a cause of action, or a cause of action can be fairly gathered from it, the demurrer will be held as bad; for under our code system of pleading the allegations must be liberally construed in favor of the one pleading them, to the end that substantial justice be done. Brewer v. Wynne, 154 N. C. 467, 70 S. E. 947. Complaint will be sustained as against demurrer when any part presents facts sufficient to constitute cause of action, or when facts sufficient for that purpose can be gathered from it under liberal construction. Conrad v. Board of Education, 190 N. C. 389, 130 S. E. 53 (1925). Every intendment of a pleading is adopted in behalf of the pleader. Cummings v. Dunning, 210 N. C. 156, 185 S. E. 653. Allegations of pleading must be liberally construed; every reasonable intendment and presumption should be made in favor of the pleader. Leach v. Page, - N. C., 191 S. E. 349. of liberal construction ap plied in upholding complaint in acfor wrongful death. Green v. tion Biggs, 1286. 1287. Cases. Rule stated and applied. Averments in pleadings should be liberally construed so as to raise issues and expedite a trial upon the facts and merits of the case. Kidder County v. Foye, 10 N. D. 424, 87 N. W. 984. A complaint when attacked by demurrer upon the ground that it fails to state facts sufficient to constitute a cause of action, will be liberally construed and upheld, where it contains allegations of facts sufficient to reasonably and fairly apprise defendant of the nature of the claim against him. Weber v. Lewis, 19 N. D. 473, 125 N. W. 105. Mode of setting out facts in complaint said to be inartificial, and much involved, but under rule of liberal construction, complaint held to state cause of action. Donovan v. St. Anthony & D. Elevator Co., 7 N. D. 513, 75 N. W. 809. Words used in a pleading must be construed with reference to the context, and when it is apparent that a word is not used in the statutory sense, courts will interpret it in the light of its relation to, and as explained by, the pleadings as a whole. Pfeifer v. Norman, 22 N. D. 168, 133 N. W. 97. Rule that a complaint will be given a liberal construction when attacked by demurrer has never been extended so far as to supply any material allegation omitted. Northern Trust Co. v. First Nat. Bank of Buffalo, 25 N. D. 74, 140 N. W. 705. 1288. Ohio. 1289. Statutory provisions. 2 Page's Ann. Ohio Gen. Code 167 N. C. 417, 83 S. E. 553. (1926), 11345 is the same in sub 1294. Favorable construction. Pleadings are to be construed most favorably to the pleader at and before trial. Hadfield-Penfield Steel Co. v. Sheller, 108 Ohio St. 106, 141 N. E. 89. Where the jurisdiction of a person is dependent upon the language of a pleading, the pleading will be construed strictly and its scope will not be extended beyond its clear expression. Ohio Elec. R. Co. United States Exp. Co., 105 Ohio St. 331, 137 N. E. 1, aff'g 15 Ohio App. 238. 1295. trol. V. Specific statements con Pleadings, under the present system, must be fairly and reasonably, not strictly, construed; and where V. "The rule of law now prevailing in Ohio is that pleadings must be fairly and reasonably rather than strictly construed (McCurdy Baughman, 43 Ohio St. 78, 1 N. E. 93; Stoutenburg v. Lybrand, 13 Ohio St. 228, 233), and that they must be construed most favorably to the pleader (Hadfield-Penfield Steel Co. v. Sheller, 108 Ohio St. 106, at page 112, 141 N. E. 89)." Humphries v. Wheeling Steel Corp., 132 Ohio St. 263, 7 N. E. (2d) 230. 1300. Liberal construction. A petition should be liberally construed, and where a pleading states facts upon which the pleader is entitled to any relief, under the law, a general demurrer should be overruled. Brookshire v. Burkhart, 141 Okla. 1, 283 Pac. 571. Where a publication of an alleged libel is not susceptible of the construction placed upon it by plaintiff in his petition, in determining whether the petition states a cause of action the improper construction of plaintiff must be disregarded. Kee v. Armstrong, Byrd & Co., 75 Okla. 84, 182 Pac. 494. Pleadings liberally construed when attacked by general demurrer. An |