Mallory

The plaintiff brought this action to recover damages for an alleged trespass and destruction of certain property, and set forth in her complaint the trespass of the defendant in entering upon her premises, charging that the defendant “tore down the ceiling overhead, a partition wall, the plastering on the front of said building, and caused great damage to plaintiff’s goods and business, and rendered said premises unfit for the uses and purposes of plaintiff’s business, and thereby broke up and destroyed said business of ^plaintiff”; and also alleging that the same was done in a threatening and terrorizing manner, so that she suffered great mental and physical distress, and that she was damaged thereby in the sum of five thousand dollars. The defendant demurred to the complaint upon the ground of its uncertainty, setting forth the particulars thereof. His demurrer was overruled, and upon the trial judgment was rendered in favor of the plaintiff, from which the defendant has appealed.

In many states uncertainty is not a ground of demurrer, the remedy being by motion to make the pleading more certain; but in this state the Code of Civil Procedure, section 437, permits a demurrer…