13 Cal. 171
Decided July 1, 1859
California Supreme Court · decided 1859-07-01
Complaint averred as in syllabus. Defendant demurred: 1. That the complaint did not state facts sufficient to constitute a cause of action. 2. That several causes of action were improperly united, without being separately stated. Demurrer overruled, with leave to answer on payment of costs. Defendant excepted, failed to pay the costs, and final judgment was entered for plaintiffs. Defendant appeals.
Cited by 2 later decisions — most recently May 1888
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1859-07-01
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¶1Baldwin, J. concurring.
¶2*172The complaint in this cause sufficiently states a cause of action for money ascertained to he due, upon a statement of accounts, which, it is averred, defendant promised to pay. The demurrer was properly overruled.
¶3It clearly appears, from the record, that the appeal is without merit. The judgment is, therefore, affirmed, with fifteen per cent, damages and costs.