Mills v. Glennon
Idaho Supreme Court
APPEAL from District Court, Boise County. The court erred in overruling defendants’ demurrer to the complaint. The common counts cannot all be united in one count as one cause of action, without any specification of the sums due upon each cause. (Buckingham v. Waters, 14 Cal. 147; McCarty v. San Francisco etc. It. R. Co., 41 Cal. 17; White v. Cox, 46 Cal. 169.) A complaint for money had and received which fails to allege a demand is bad on demurrer.
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APPEAL from District Court, Boise County. The court erred in overruling defendants’ demurrer to the complaint. The common counts cannot all be united in one count as one cause of action, without any specification of the sums due upon each cause. (Buckingham v. Waters, 14 Cal. 147; McCarty v. San Francisco etc. It. R. Co., 41 Cal. 17; White v. Cox, 46 Cal. 169.) A complaint for money had and received which fails to allege a demand is bad on demurrer. (Greenfield v. Steamer Grinnell, 6 Cal. 68.) The court erred in admitting in evidence plaintiffs books of account. To be admissible, they must be…
1Opinion of the CourtBuck, J.
This action sets forth in the complaint two causes of action: 1. A balance on account; and 3. Damages 'for breach of contract. It was tried by the court at the August term of the district court, 1884. Judgment was rendered for the plaintiff for the sum of $1,638.79. The defendants made a motion for a new trial, which was overruled; and from the order overruling the same, and from the judgment, take this ’appeal, and bring the cause to this court upon a statement of the case.
The first assignment of error is that the court erred in overruling the demurrer to the complaint. The demurrer is both…
2Cases cited1 opinion
- Baird v. HookerAppellate Court of Illinois · 1881
3Cited by5 opinions
- BHA Investments, Inc. v. City of BoiseIdaho Supreme Court · 2004
- Potomac Insurance Company v. TorresNew Mexico Supreme Court · 1965
- Shields v. StateSupreme Court of Oklahoma · 1939
- Hopkins v. City of ButteMontana Supreme Court · 1895
- Nelson v. HenrichsenUtah Supreme Court · 1906