Hershy v. MacGreevy & Yantis
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The complaint did not state a cause of action. It does not allege that the services were completed; that the suits had terminated, or the relation of client and attorney had ceased. Without such allegation there is no cause of action stated. See Phelps Sf Jones v. Patterson, 25 Ark., p. 185. A complaint must state facts sufficient to constitute a cause of action. This one does not.
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APPEAL from Sebastian Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The complaint did not state a cause of action. It does not allege that the services were completed; that the suits had terminated, or the relation of client and attorney had ceased. Without such allegation there is no cause of action stated. See Phelps Sf Jones v. Patterson, 25 Ark., p. 185. A complaint must state facts sufficient to constitute a cause of action. This one does not. A defendant by allowing judgment to go by default, may in effect admit the facts stated in the complaint, but does not admit that those…
1Opinion of the CourtCockrill, C. J.
This is an appeal from a judgment by default in a suit upon an account. The court heard no testimony on the rendition of judgment, but the judgment entry recites that the account was duly verified.
1. Btidence: verified on account In suits upon accounts the statute makes the affidavit of r. , the plaintiff that his account is “just and correct prima fade evidence of the fact. No further burden is cast upon him until the correctness of the account is denied. Mansf. Dig., sec. 8915. Upon failure to answer the material allegations of the complaint they stand confessed; the affidavit proves the…
2Cited by3 opinions
- Utah Ass'n of Credit Men v. BowmanUtah Supreme Court · 1911
- Rice v. KroeckCourt of Appeals of Arkansas · 1981
- Stiel & Co. v. Ide & Co.Supreme Court of Arkansas · 1915