Fenton v. Williams

The original proceeding in this case commenced by petition and summons to recover a certain debt. Eenton, the defendant in the Court below, demurred to *165the summons. The demurrer was overruled, and the plaintiff had judgment. The causes of demurrer are as follows:

First. The summons is variant from the petition as to the form of action.

Second. That the action is petition and summons, and the summons requires the defendant to answer the plaintiff in an action of debt, damages and costs.

Third. The summons is variant from the petition as to the nature of the action.

The form of the petition…