Legal Opinion

Elbring v. Mullen

Idaho Supreme Court

Decided November 26, 1894PublishedCited by 5 opinions

APPEAL from District Court, Bannock County. The complaint does not state facts sufficient to constitute a cause of action. The complaint is a mere nullity; by means of it the court acquired no jurisdiction to render a judgment thereon, and the judgment for plaintiff is void. Pleading is the stating, in a logical and legal form, the facts which constitute the plaintiff’s cause of action, or the defendants’ ground of defense. (18 Am. & Eng.

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APPEAL from District Court, Bannock County. The complaint does not state facts sufficient to constitute a cause of action. The complaint is a mere nullity; by means of it the court acquired no jurisdiction to render a judgment thereon, and the judgment for plaintiff is void. Pleading is the stating, in a logical and legal form, the facts which constitute the plaintiff’s cause of action, or the defendants’ ground of defense. (18 Am. & Eng. Ency. of Law, 469, subject, “Pleading.”) “The code system of pleading does not ignore form; and-an ideal pleading under the code, just as at common law, is…

1Opinion of the CourtSullivan, J.

The respondent brought suit against the appellants to recover $1,000 and interest thereon, claiming said sum to be due for certain beer sold and delivered to appellant Mullen. The suit is based upon a written contract, which is set out in full in the complaint, and made a part thereof. A general demurrer was interposed to the complaint and overruled. Thereafter, appellants answered, and the case was tried by the court with a jury, and resulted in a verdict and judgment in favor of respondent for $1,000, interest, and costs.

This appeal is from the judgment, and the only question raised is the…

2Cases cited1 opinion

  1. Hook v. WhiteCalifornia Supreme Court · 1868

3Cited by5 opinions

  1. Furst & Thomas v. ElliottIdaho Supreme Court · 1936
  2. Stephens v. American Fire InsuranceUtah Supreme Court · 1896
  3. Armstrong v. SlickIdaho Supreme Court · 1908
  4. Feldman v. SheaIdaho Supreme Court · 1899
  5. Gormley v. United StatesUnited States Court of Claims · 1938

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