Holton v. Sand Point Lumber Co.

Citations

• 7 Idaho 573
• 64 P. 889
• 1901 Ida. LEXIS 15

Syllabus

<p>Complaint — Cause of Action. — If the complaint fails to state the essential facts constituting a cause of action, it is insufficient.</p> <p>Demurbee. — Where a suit is brought by a woman on an open account, and as a defense, the defendant sets up the facts that she is a married woman, and that the account sued on is community property, it is error to strike out such defense.</p> <p>Mabbied Woman — Answer.—Where the fact does not appear on the face of the complaint that the plaintiff is a married woman, when if it did so appear the complaint would be open to a demurrer, that fact may be taken advantage of by answer.</p> <p>(Syllabus by ihe court.)</p>