Henry Investment Co. v. Semonian
Henry Investment Co. v. Semonian
Opinion of the Court
delivered the opinion of the court:
The complaint contains seventeen distinct causes of action separately stated, substantially the same in form, and each resembles the common-law common count in assumpsit. A demurrer thereto on the grounds of insufficiency and ambiguity was overruled, and the defendant stood by it, and judgment went for plaintiff on the merits. The only error argued concerns the ruling on the demurrer.
There is another substantial reason for affirmance. The-abstract shows that plaintiff was allowed to, and did, amend his original complaint against which this demurrer was aimed, but what the amendment was, the abstract does not show. It may have contained averments that entirely obviate the alleged uncertainties.
The judgment is affirmed. Affirmed.
Chief Justice Steele and Mr. Justice Gabbert concur.
Reference
- Full Case Name
- The Henry Investment Company v. Semonian
- Status
- Published