Public-domain · open source
OpenJurist

4 Cal. 324

Mershon v. Randall

California Supreme Court

Decided October 15, 1854

California Supreme Court · decided 1854-10-15

The complaint in this action is in the following words: “ Cornelius Mershon, the plaintiff in the above entitled cause, complains against Andrew Randall, defendant, both residents of the County of Marin, in the State of California, and says, that the defendant is justly and truly indebted to the plaintiff in the sum of twenty-one hundred and eighty-three dollars and forty-six cents, according to the following account, to wit: Defendant Dr. to Plaintiff. 1852.

Decided 1854-10-15

Mr. Oh. J. Murray

¶1delivered the opinion of the- Court.

Mr. Justice Heydeneeldt and Mr. J. Wells concurred.

¶2We are of opinion that the declaration in this case- is insufficient to sustain an action.

¶3It alleges an indebtedness and sets forth an account "of the articles and their prices, but does not allege the sale or delivery of said articles to the defendant, further than the same may be inferred from the account. It is not shown at what place, or in what manner the indebtedness accrued, whether on account of the defendant, or that of another.

¶4We are not disposed to encourage any* nice or technical rules of pleading, but at the same time, we desire something like certainty, and that the “Bar” would conform, as near as possible, to the requirements of the statute.

¶5The judgment of the Court below is reversed, with leave to the plaintiff to amend his declaration.

/4/cal/324 · .json · Public domain