Miller v. Abrahamson

Appeal by defendant upon the judgment-roll.

The ground upon which a reversal is urged is the alleged error of the court in overruling defendant’s general demurrer to the first count of the complaint. The pleading, instead of stating the facts constituting the cause of action based thereon, is in the common-law form of a declaration in indebitatus assumpsit, alleging “that defendant is indebted to plaintiff in the sum of $622.10, for money had and received by defendant to the use of the plaintiff and L. P. Laursen within two years last past.” Appellant contends that this form of pleading is…