De Witt v. Porter
California Supreme Court
Appeal from the Twelfth District. Complaint averred as in syllabus. Defendant demurred: 1. That the complaint did not state facts sufficient to constitute a cause of action. 2. That several causes of action were improperly united, without being separately stated. Demurrer overruled, with leave to answer on payment of costs. Defendant excepted, failed to pay the costs, and final judgment was entered for plaintiffs. Defendant appeals.
1Opinion of the CourtTerry, C. J.
Baldwin, J. concurring.
*172The complaint in this cause sufficiently states a cause of action for money ascertained to he due, upon a statement of accounts, which, it is averred, defendant promised to pay. The demurrer was properly overruled.
It clearly appears, from the record, that the appeal is without merit. The judgment is, therefore, affirmed, with fifteen per cent, damages and costs.
2Cited by2 opinions
- Abadie v. CarrilloCalifornia Supreme Court · 1867
- Leeke v. HancockCalifornia Supreme Court · 1888