Abbot v. Stevens

ASHBURN, J. pro tem. *

Demurrer to plaintiffs’ fourth amended complaint having been sustained, they, according to appellants’ opening brief, “refused to plead further.” The judgment recites that counsel for plaintiffs stated “that plaintiffs had either pleaded a good cause of action or could not plead one.” Plaintiffs having appealed, their counsel say that the “sole question to be decided therefore is whether said pleading as amended states a cause of action.” They treat the action as one for damages for fraud and for recovery of interest, bonus and penalty for usury.

The complaint alleges…