Kalfus v. Watts

Opinion of the Court, by

Judge Owsley.

THIS writ of error is brought to reverse a judgment obtained by Watts, on a petition and summons prosecuted by him against Kalfus in the court below. The assignments of error question the propriety of maintaining a petition and summons on the writing upon which this action is founded. This objection is taken upon the supposition that in an action at common law upon the writing, it would be necessary for Watts to aver in his *198declaration the existence of a fact extraneous from the writing, and which, according to the forms of petitions as prescribed by law,…