Roberts v. Treadwell

California Supreme Court

Roberts v. Treadwell

50 Cal. 520

CourtCalifornia Supreme Court

DecidedJuly 1, 1875

DocketNo. 4736

StatusPublished

Cited by8 cases

This text of 50 Cal. 520 (Roberts v. Treadwell) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roberts v. Treadwell, 50 Cal. 520 (Cal. 1875).

Pincite

Opinion

By the Court:

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.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court:

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.

Cite This Page — Counsel Stack

Bluebook (online)

50 Cal. 520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-treadwell-cal-1875.

Opinion

Related

Cite This Page — Counsel Stack