Legal Opinion

Palmer v. Breed

Arizona Supreme Court

Decided January 21, 1896No. Civil No. 427PublishedCited by 4 opinions

APPEAL from a judgment of the District Court of the Fourth Judicial District in and for the County of Yavapai. John J. Hawkins, Judge. The facts are stated in the opinion.

1Opinion of the CourtBaker, C. J.

The complaint in the case consisted of four several counts, purporting to set up as many causes of action. A general demurrer to the whole complaint was interposed upon the ground that a cause of action was not stated. It was sustained. The appellant declined to amend, and stands upon his complaint and brings this appeal.

The rule is well settled that where a complaint contains several counts a general demurrer thereto upon the ground that it fails to state facts sufficient to constitute a cause of action will be overruled if either one of the counts be sufficient. Maxwell on Code Pleading,…

2Cases cited2 opinions

  1. Handy v. ClippertMichigan Supreme Court · 1883
  2. Hilliard & Hilliard v. WilsonTexas Supreme Court · 1886

3Cited by4 opinions

  1. American Credit Bureau, Inc. v. Bel-Aire Interiors, Inc.Arizona Supreme Court · 1970
  2. Bernard v. Metropolis Land Co.Nevada Supreme Court · 1916
  3. American Credit Bureau, Inc. v. Bel-Aire Interiors, Inc.Court of Appeals of Arizona · 1969
  4. McCracken v. StateNevada Supreme Court · 1917

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