Jolley v. Plant
Cases that cite this one
1 later published case cites this decision.
- Clark v. United States (District Court, D. Oregon 1952)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
By the Court:
The demurrer is well founded, for the reason that the declaration does not show any liability on the part of the defendants at the time of bringing suit. The declaration should not only state the breach complained of, but the non-payment of the amount due upon the specialty. The simplified form prescribed by our common-law rules makes it a necessary allegation that the sum claimed “ is still unpaid.”
As this essential requisite is wanting, the circuit court erred in overruling the demurrer, and the order appealed from must therefore be reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.