White v. Lyons
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, San Joaquin County. The complaint in this case, after setting forth facts entitling him to judgment at law against the defendant, prayed for an accounting that defendant might be adjudged to pay to plaintiff, in gold coin, what might appear on such accounting to he due, and for general relief. To this defendant demurred, on the ground that it did not state facts sufficient to constitute a cause of action.
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Appeal from the District Court of the Fifth Judicial District, San Joaquin County. The complaint in this case, after setting forth facts entitling him to judgment at law against the defendant, prayed for an accounting that defendant might be adjudged to pay to plaintiff, in gold coin, what might appear on such accounting to he due, and for general relief. To this defendant demurred, on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer being overruled, and an answer put in, there was a trial before the Court, and a judgment rendered on November…
1Opinion of the Court
By the Court, Crockett, J.:
The demurrer to the complaint was properly overruled. Under the code there is but one form of action in this State, and if the complaint states facts which entitle the plaintiff to relief, either legal or equitable, it is not demurrable on the ground that it does not state facts sufficient to constitute a cause of action. If the facts stated are such as address themselves to the equity side of the Court, the appropriate relief will be granted by the Court, sitting as a Court of equity. On the other hand, if the facts alleged are purely cognizable in a Court of law,…
2Cited by28 opinions
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- Neiditz v. Morton S. Fine & Associates, Inc.Supreme Court of Connecticut · 1986
- People v. Union Oil Co.California Supreme Court · 1957
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