Anderson and Another v Thomas
| Jurisdiction | England & Wales |
| Judgment Date | 18 April 1833 |
| Date | 18 April 1833 |
| Court | Court of Common Pleas |
English Reports Citation: 131 E.R. 768
IN THE COURT OF COMMON PLEAS
anderson and another v. thomas. April 18, 1833. The mis-statement of the form of action at the commencement of a declaration is an irregularity only, and not fatal on special demurrer. The Plaintiff commenced a declaration in assumpsit on a bill of exchange, with the usual money counts, by alleging that the Defendant was summoned to answer them " of a plea of trespass on the case;" and stated that the Defendant had accepted a bill, payable to Plaintiff or order, of 5001., valued in freight, four months after the arrival thereof. Breach, that the Plaintiff had disregarded his promises, and had not paid any of the said monies. Upon special demurrer, Wilde Serjt. objected that the declaration did not commence with stating correctly the form of action, pursuant to the rule of Court, M. 1654, s. 16, and that the breach [679] was too general, inasmuch as a question might arise as to what was or...
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