Edwards
Edwards v. Hellings
Opinion
lead Opinion
McFarland, J.
This purports to he an action upon a judgment. The complaint was demurred to upon the ground that it does not state facts sufficient to constitute a cause of action, and also as ambiguous, uncertain, etc. The demurrer was overruled; and defendants refusing to answer, judgment was entered for plaintiff. W. B. Hellitigs, one of the defendants, appeals. •
The general demurrer should have been sustained for the complaint does not state facts sufficient to constitute a cause of action upon a judgment. The only averment in the complaint about a judgment is as follows: “That on the 21st of June, 1879, at this city and county, in the late fifteenth judicial district court in and for this city and county and state, in an action therein pending between this plaintiff' and the above-named defendants, said court adjudged that the defendants should pay to plaintiff $1,873.85,” together with interest, etc.
This court has been quite liberal in condoning defective and .vulnerable pleadings; but the frontiers of liberality in this respect have not yet been pushed far enough to take in everything. In the case at bar, if we waive the point whether the words “late fifteenth judicial district court…