1. “Quite commonly an allegation has been held bad as a statement of law only. The stating of evidence, while subject to criticism, is not so often held to render the pleading bad, since the court itself will draw the ultimate conclusion where it is the one necessarily following from the allegations made.” Clark, Code Pleading § 38, at 228 (2d ed. 1947). When does the ultimate conclusion “necessarily follow”? Compare Robinson v. Meyer, 135 Conn. 691, 693–94, 68 A.2d 142, 143 (1949), in which the court inferred title by adverse possession on the basis of allegations of “all the facts necessary to establish ouster,”

with O’Regan v. Schermerhorn, 25 N.J. Misc. 1, 50 A.2d 10(Sup.Ct.1946), in which the court refused to infer the defense of truth in a defamation suit when defendant alleged he believed the statement to be true and further alleged the facts on which that belief was based.