Neuman v. Schweidel

Sloane, J.,

Separate affidavits of defense raising questions of law have been filed by defendants. Plaintiff’s statement of claim is for conspiracy to defraud. We say just a word that the action, through simple oversight, came out in assumpsit when it was meant to sound in tort. But this has been cured without objection; in that respect we are way past the year-book days when you had no remedy (and thus no right, nondialectical), where there was no writ to fit. Leaving that to the side, plaintiff did bring the suit and filed a statement of claim, and since to the statement there were filed by…