Brooks v. Paddock
Supreme Court of Colorado
Appeal from, County Court, of Lake County. The case is stated in the opinion.
1Opinion of the Court
Elbert, O. J.
The code requires that the complaint shall contain, inter alia, “ a statement of the facts constituting the cause of action.” * * *
The averments of the complaint can alone be looked to in determining its sufficiency.
If defective for want of material allegations, it cannot be aided by reference to exhibits made a part of it.
The complaint must state a cause of action without regard to the exhibits. Deitz et al. v. Corwin et al. 35 Mo. 377; Bowling v. McFarland, 38 Mo. 464; Larimore v. Wells, 29 O. St. 13; Gebhard v. Gardner, 12 Bush, 325; Hill v. Barrett, 14 B. Monroe, 67. This was…
2Cases cited1 opinion
- Gebhard v. GarnierCourt of Appeals of Kentucky · 1876
3Cited by7 opinions
- State ex rel. Pingley v. PingleyWest Virginia Supreme Court · 1919
- McPherson v. HattichArizona Supreme Court · 1906
- Helvetia Swiss Fire Insurance v. Edward P. Allis Co.Colorado Court of Appeals · 1898
- Abby v. DexterColorado Court of Appeals · 1903
- Abby v. DexterColorado Court of Appeals · 1903
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