State v. Aetna Fire Insurance
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. The complaint states a cause of action. 25 Ark. 84; 26 Ark. 228, 230, If any of the averments were uncertain or incomplete, the remedy was by motion to make more specific, and not by general demurrer. 32 Ark. 315; 38 Ark. 393; 31 Ark. 657; 52 Ark. 378; 19 Ark. 695; 27 Ark. 369; 31 Ark. 379; 19 Ark. 173. A demurrer should not require any statement of facts to sustain it. 16 How.
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Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. The complaint states a cause of action. 25 Ark. 84; 26 Ark. 228, 230, If any of the averments were uncertain or incomplete, the remedy was by motion to make more specific, and not by general demurrer. 32 Ark. 315; 38 Ark. 393; 31 Ark. 657; 52 Ark. 378; 19 Ark. 695; 27 Ark. 369; 31 Ark. 379; 19 Ark. 173. A demurrer should not require any statement of facts to sustain it. 16 How. Pr. 422; 2 Estee’s Pldg. § 3074; 23 How. Pr. 396; 43 Barb. 261. The demurrer properly raises the question in this case. 11 So. 86; S. C. 94 Ala. 456.
1Opinion of the CourtBunn, C. J.
This is a suit for a penalty and forfeiture against the appellee insurance company by the State of Arkansas, on th.6 relation of the attorney general, under the act of the general assembly, commonly known as the “anti-trust law,” passed March 6, 1899. (Acts 1899, p. 50.)
There was a demurrer to the complaint interposed, and the same was sustained, and, plaintiff failing to plead over, judgment was rendered for the defendant, and the plaintiff appealed to this court.
The complaint is as follows: “The plaintiff, the State of Arkansas, by her attorney general, Jeff Davis, complains of the…
2Cases cited3 opinions
- Collier & Pinckard v. Davis Bros.Supreme Court of Alabama · 1891
- Demartin v. AlbertCalifornia Supreme Court · 1885
- Commissioners of Edenton v. CapeheartSupreme Court of North Carolina · 1874
3Cited by2 opinions
- Cranna v. LongSupreme Court of Arkansas · 1955
- Neimeyer v. ClaiborneSupreme Court of Arkansas · 1908