Peck v. Woomack

OPINION

By the Court,

Horsey, J.:

In this case the respondent, defendant in the court below, demurred to the amended complaint of the plaintiff (appellant), upon two grounds, namely, that the plaintiff, in his amended complaint, failed to state facts sufficient to constitute a cause of action, and that the allegations of the amended complaint were ambiguous, unintelligible and uncertain. The demurrer was sustained, and upon the plaintiff deciding to stand upon his amended complaint, for the purpose of appeal, and declining to amend further, judgment was entered in favor of defendant and for his…