Rider v. Robbins
Massachusetts Supreme Judicial Court
Error to reverse a judgment rendered in the Circuit Court of Common Pleas for the County of Plymouth. The aclion was in assumpsit, Robbins being plaintiff, and Rider defendant.
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Error to reverse a judgment rendered in the Circuit Court of Common Pleas for the County of Plymouth. The aclion was in assumpsit, Robbins being plaintiff, and Rider defendant. The declaration originally contained one count *only, namely, “for that the said Ezra, at, &c., on, &c., being indebted to the plaintiff in the sum of-, according to the account annexed, then and there, in consideration thereof, promised the plaintiff to pay him the same on demand ; yet the said Ezra, though often requested, has never paid the same, but neglects and refuses so to dc.” The account annexed was of several…
1Opinion of the CourtParker, C. J.
The errors assigned in this case are not supported. With respect to the first count, it is in a form which has been in use and practice as long as the memory of the oldest practitioner can reach ; and it is too late to question it on nice technical objections. Although a schedule annexed to a writ in replevin or trover is held to make no part of the declaration, yet, in indebitatus assumpsit, it has been uniformly allowed, for more than thirty years, to supply a particular allegation in the body of the declaration.
* With regard to the second error assigned ; if the supposed defect existed, we…
2Cited by8 opinions
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- Mardis' Adm'rs v. ShacklefordSupreme Court of Alabama · 1844
- Clark v. Whittaker Iron Co.Missouri Court of Appeals · 1881
- Inhabitants of Cape Elizabeth v. LombardSupreme Judicial Court of Maine · 1879
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