Felt v. Judd
Utah Supreme Court
Appeal from the first district court. The opinion states the facts. The court erred in overruling defendant’s demurrer to plaintiffs complaint, and consequently tbe judgment should be reversed. The complaint is radically defective and will not support a judgment. As a precedent, it is a model, and proclaims its own insufficiency with graphic perspicuity.
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Appeal from the first district court. The opinion states the facts. The court erred in overruling defendant’s demurrer to plaintiffs complaint, and consequently tbe judgment should be reversed. The complaint is radically defective and will not support a judgment. As a precedent, it is a model, and proclaims its own insufficiency with graphic perspicuity. It is as follows: “ The plaintiff complains and alleges that at Tooele, in the Territory of TJtah, on or about the month of April, 1880, the defendant made, executed, and delivered to the plaintiff his promise in writing, whereby he promised…
1Opinion of the Court
Twiss, J.:
This action was commenced in the first district court, to recover the sum of one hundred dollars and interest thereon. The plaintiff in his complaint alleges that the defendant at Tooele, in this territory, in the month of April, 1880, “made, executed, and delivered to the plaintiff his promise in writing, whereby he promised to pay to the plaintiff at Huntsville, Utah Territory, the sum of one hundred dollars on or before the first day of January, 1881. That defendant has not paid the' same or any part thereof,” wherefore he prays, etc.
To this complaint the defendant demurred,…
2Cases cited3 opinions
- Bristol v. WarnerSupreme Court of Connecticut · 1848
- Perkins v. RamseySupreme Court of the United States · 1820
- Bourne v. WardSupreme Judicial Court of Maine · 1863
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