Cheney v. Fisk

By the court, Welles, Justice.

The first objectioú to the complaint now urged is, that it is defectivé in its averments as to the appointment of the plaintiff as receiver. The demurrer itself does not, I think, point out this defect; but the defendant insists that admitting this to be so,- yet that the objection may be made under the specification that “ the complaint does not state facts' sufficient in law to sustain the action.”

The complaint, after setting forth the judgment» and executions against Manley, and the returns thereto' by the" sheriff of the county of Monroe, unsatisfied,…