Roberts v. Treadwell
50 Cal. 520
Opinion
The complaint did not allege that the defendant had not paid the indebtedness, for the recovery of which this action was brought. It merely averred “that the whole thereof is now due.” This defect in the complaint was pointed out by a special demurrer, which was overruled. The insufficiency of the complaint in the respect indicated was adverted to in Frisch v. Caler (21 Cal. 71).
Judgment reversed and cause remanded.
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Roberts v. Treadwell, 50 Cal. 520 (Cal. 1875).
50 Cal. 520 (Roberts v. Treadwell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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