Olney v. Bishop
Olney v. Bishop
Opinion of the Court
The facts are sufficiently stated by appellant as follows: This is an action instituted by appellee against appellant in the district court of Graham county for the recovery of commissions alleged to be due appellee by appellant on account of an alleged sale of a tract of land by appellee as agent of appellant. From a judgment in plaintiff’s favor, this appeal is prosecuted.
The first assignment of error is that the district court was without jurisdiction to hear and determine the cause. The rules of this court require the abstract of record to contain “the minute entries of the trial court,” and “such other
The defendant demurred specially upon the ground that the complaint failed to give the Christian name of the plaintiff, and assigns the overruling of the same as error. The practice of using initials, instead of the Christian name, in pleadings, though not commendable, is, we think, permissible under the weight of modem authority; but in this jurisdiction the •question, not constituting a statutory ground of demurrer, can be raised by motion only.
The assignment that the evidence is insufficient to sustain the judgment cannot be considered, for the reason that the abstract of record does not contain any of the evidence.
Error is predicated upon the overruling of defendant’s general demurrer. While it is averred in the complaint that the plaintiff was authorized to procure a purchaser and sell the property in question, such averments are mere conclusions of law, and no facts are pleaded from which it can be inferred that plaintiff was either employed or promised compensation by defendant.
The judgment of the district court is reversed, and the ease remanded, with directions to sustain the demurrer.
KENT, C. J., and CAMPBELL, J., concur. DOAN J., concurs in the result.
Reference
- Full Case Name
- GEORGE A. OLNEY, and v. H. W. BISHOP, and
- Status
- Published