Hoey

This is an appeal from a judgment upon the judgment-roll. The complaint is in seven counts identical in form,, each being for goods sold and delivered. The second allegation in each count is that: “Defendant and Carrie C. Hechtman now are, and at all times herein mentioned have been, husband and wife.” The third allegation of the first count is as follows: "That on or about the twenty-second day of November, 1902, defendant was indebted to R. G-. Schroeder in the sum of $155.70 for goods, wares, and merchandise sold and delivered within two years last past, at the city and county of San Francisco, state of California, to said Carrie C. Hechtman, wife of said defendant, and that said goods, wares and merchandise were common necessaries of life and necessary for the support and maintenance of said Carrie C. Hechtman.” The third allegation in each of the other counts varied from the. above only in the name of the seller of the goods and the amount of the indebtedness. Defendant demurred to each count upon the ground that it did not state a cause of action. The demurrer was overruled and upon failure of defendant to answer judgment was entered against him as prayed for.

The demurrer…