Giddings v. Whittlesey & Chittenden

By the Court,

Blackman, J.

The plaintiff sued the defend*241ants in assumpsit on a judgment of the Court of Common Fleas of Fortage County Ohio.. To this, defendant Whittlesey who was the defendant served with process, pleaded the general issue.

-By adopting this form of action the plaintiff subjected his case to all the rules of law'relating to pleading and evidence in assumpsit. The j udgment counted on creates the liability, which forms the consideration of the promise. 1 Sanders on Pl. & Ev., 113.

Our statute, § 4550, does not in express terms make any change in the rules of pleading. Gooding vs.…