Kilillea

This is an appeal from a judgment taken by default against the defendants, who neither answered nor demurred to the complaint.

The only point raised upon the appeal is that the complaint does not state facts sufficient to constitute a cause of action, and therefore does not support the judgment.

The complaint simply charges “That defendants are husband and wife, and within the two years last past became indebted to the plaintiff in the City and County of San Francisco, State of California, in the sum of nine hundred ($900) dollars,” followed by allegations that no part thereof has been paid save $280; that the sum of $620 is now due; that defendants have refused to pay the same or any part thereof, although demand has been made therefor.

It is insisted that the general allegation of indebtedness is but an allegation of a conclusion of law, and is not an allegation of a fact, and therefore the complaint states no cause of action.

Without in detail discussing the various cases cited by appellant in support of his position, it is sufficient to say that in a case later than any cited by appellant, it has been held that an allegation of a conclusion of law, which cannot be…