Opinion
Appeal from the Twelfth District.
Complaint averred as in syllabus. Defendant demurred: 1. That the complaint did not state facts sufficient to constitute a cause of action. 2. That several causes of action were improperly united, without being separately stated.
Demurrer overruled, with leave to answer on payment of costs. Defendant excepted, failed to pay the costs, and final judgment was entered for plaintiffs. Defendant appeals.
COUNSEL:
Stanly & Hayes, for Appellant, cited 1 Chitty, 337, 397; 4 Cal. 294; Archibald's Civil Pleading, 294; Porter v. Hermann , 8 Cal. 619; 13 Johns. 485; 1 Greenleaf Ev. Sec. 126; 3 Meeson & W. 606; 7 Barn. & C. 103, to the points that the complaint contained two counts, neither of which was sufficient in itself; and that this being so, the pleader could not correct them so as to make one aid the other. To the point, that the Court could not impose costs, as a condition of answering, counsel cited Practice Act, Sec. 67; Section 28 of an Act concerning Courts of Justice, Comp. Laws, 742.
S. M. Bowman, for Respondent.
JUDGES: Terry, C. J. delivered the opinion of the Court. Baldwin, J. concurring.
OPINION
TERRY, Judge
The complaint in this cause sufficiently states a cause of action for money ascertained to be due, upon a statement of accounts, which, it is averred, defendant promised to pay. The demurrer was properly overruled.
It clearly appears, from the record, that the appeal is without merit. The judgment is, therefore, affirmed, with fifteen per cent. damages and costs.