743).     There  was  a  motion  to  make  the  complaint  more  definite
and  certain,  on  the  grounds  that  it  alleged  trespass,  trover,  and
conversion,   and   injury   to   business   credit.     The   court  said:
"There  is  but  one  cause  of  action,  and  that  is  trespass  quare
clausum  fregit,  and  the  other  continuous  acts  of  the  defendants
are  stated  as  the  consequential  damages  arising  therefrom  and
connected  therewith."     The  argument  of  the  counsel  that  the
complaint  was  framed  to  meet  all  the  contingencies  of  the  proof
is  evidently  an  afterthought.    The  counsel  is  too  well  versed  in
the  law  to  make  that  suggestion,  except  as  a  last  resort.     The
plan  of  "hitting  it  if  it  is  a  deer,  and  missing  it  if  it  is  a  calf,"
does  not  prevail  in  legal  proceedings.    "All  that  goes  to  the  ad-
ministration of  justice  should  be  definite  and  certain.     This  is
almost  equally  essential  to  the  claim,  the  defense,  and  the  judg-
ment.   When  these  become  vague  and  loose,  the  administration
of  justice  becomes  vague  and  loose,  with  a  tendency  to  rest,  not
so  much  on  knoAvn  and  fixed  rules  of  law,  as  on  capricious  judg-


Sec.  2.]  One  Form  of  Action.  77

ment  of  the  peculiarities  of  each  case,  on  a  dangerous  and  ec-
centric sense  of  justice,  largely  personal  to  the  judges,  varying
as  cases  vary,  rather  than  on  abiding  principles  of  right,  con-
trolling equally  the  judgments  of  courts  and  the  rights  of  suit-
ors."   Pierce  v.  Gary,  37  Wis.  232.
