Ross v. Goins

PREWETT, P. J.,

pro

tem.

A demurrer to the second amended complaint was sustained by the trial court and the plaintiff declined further to amend. He appeals from the judgment following such refusal. The interest of defendant John M. Goins is not involved in this appeal. .The grounds of demurrer are various. It is claimed that the complaint fails to state a cause of action; that it is unintelligible, uncertain, and ambiguous and that several

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causes of action have been improperly united. The portions of the complaint material to this, inquiry read as follows:

“That on the said second day of February, 1918, plaintiff was rightfully in possession of said premises and occupying the same as the tenant thereof under the aforesaid owners and their said agent John M. Goins.

“That on and prior to the said second day of February, 1918, defendant John M. Goins was the duly authorized agent, servant and employee of the above named owners of said real property, for all purposes connected with the leasing and collecting of rents on the premises above described, and in securing tenants therefor and in discharging and ejecting tenants therefrom.

“That on the said second day of February, 1918, the said defendant owners by and through their said agent, servant, and employee, John M. Goins, undertook to remove and did remove the plaintiff herein from said building and premises by force and violence and against his will and without due process of law, and more particularly as follows : ’ ’

Then follows a long array of events, all of which relate back to said introductory words, “more particularly as follows,” and none of which in any way or degree show or tend to show any removal or attempted removal of the plaintiff.

Said long array of events comprises an allegation that the defendants entered by force and violence and ransacked the house, removed plaintiff’s personal property therefrom, destroyed portions of his machinery therein, broke open and destroyed a ease of dyes, carried away three suits of clothing, knocked the plaintiff to the floor with great force and violence, sat upon his body, struck plaintiff in the face, knocked out several of his teeth, gagged him and hurt and bruised him about the chest, right shoulder, left leg, and left foot to his damage in the sum of ten thousand dollars.