Stephens v. American Fire Insurance
Utah Supreme Court
Appeal from tbe Second district court, Weber county. Horn. H. H. Rolapp, Judge. Action by Elizabeth Stephens against the American Fire Insurance Company to recover loss sustained by fire. From a judgment for plaintiff, defendant appeals.
1Concurrence
MINER, J.:
I cannot concur with my brethren in tMs case. The statute provides that “the complaint must contain a *269statement of facts constituting the cause of action in ordinary and concise language.” Under section 3235, Comp. Laws Utah 1888, referred to*, the genuineness and due execution of the written instrument only are deemed admitted. It was not intended by the legislature that this .section should preclude the necessity of setting out in the complaint a statement of the facts constituting the plaintiff’s cause of action in ordinary and concise language. Several matters of substance are…
2Cases cited12 opinions
- Lambert v. HaskellCalifornia Supreme Court · 1889
- Cairo & Fulton Railroad v. ParksSupreme Court of Arkansas · 1877
- Larimore v. WellsOhio Supreme Court · 1875
- Price v. BaylessIndiana Supreme Court · 1892
- C. Aultman & Co. v. SiglingerSouth Dakota Supreme Court · 1892
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