Oregon Supreme Court, 1856

Williams v. Knighton

Williams v. Knighton
Oregon Supreme Court · Decided December 15, 1856 · Olney
1 Or. 234

Williams v. Knighton

Opinion of the Court

Olney, J.

Waiving all other questions, it does not appear that the note was due. This cannot be implied from the allegations that he has a cause of action against the defendant. That is a conclusion of law. The pleader should state the facts which he thinks gives a right of action, and not keep back those facts, and offer the court his opinion. If one fact, necessary to a right of action, be omitted, all others might as well, and the complaint might be reduced to this, “ that the plaintiff has a cause of action against the defendant for five hundred dollars, for which he asks judgment.”

The complaint is insufficient, and the judgment must le reversed.

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