gno.law

Roberts v. Treadwell

California Supreme Court · No. 4736 · 1875-07-01 · Published · 50 Cal. 520

GEORGE D. ROBERTS v. L. L. TREADWELL

Area
civil

Analysis

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Opinion

By the Court:

The complaint did not allege that the defendant had not paid the indebtedness, for the recovery of which this action was brought. It merely averred “that the whole thereof is now due.” This defect in the complaint was pointed out by a special demurrer, which was overruled. The insufficiency of the complaint in the respect indicated was adverted to in Frisch v. Caler (21 Cal. 71).

Judgment reversed and cause remanded.

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