Mayor of Los Angeles v. Signoret
California Supreme Court
Mayor of Los Angeles v. Signoret, 50 Cal. 298 (Cal. 1875)
1875 Cal. LEXIS 149
Mayor of Los Angeles v. Signoret
Opinion of the Court
Several matters of substance are lacking in the averments found in the complaint, which are sought to be supplied only by reference to the recitals found in an-exhibit annexed to the complaint—“and to which (exhibit) for all particular allegations therein contained, reference is hereby made,” etc. This is not sufficient in pleading.
Judgment reversed and cause remanded, with directions to sustain the demurrer to the complaint.
Reference
- Full Case Name
- THE MAYOR AND COMMON COUNCIL OF THE CITY OF LOS ANGELES v. F. SIGNORET
- Cited By
- 27 cases
- Status
- Published
- Syllabus
- Matters or Substance in a Complaint.—Matters of substance, which are necessary to be alleged in a complaint, cannot be left out, and the defect supplied by reference to an exhibit attached to and made a part of the complaint.