Stitt v. Felton

Opinion by

Baldrige, J.,

The plaintiff originally brought a case in assumpsit against the defendant. An affidavit of defense was filed raising the legal question that the statement of claim included actions of trespass and assumpsit and were improperly joined in one suit. The learned court below sustained defendant’s position by granting leave to plaintiff to file a new statement of claim within thirty days. These two actions were thereafter instituted: one in trespass for the conversion of a funeral car and one in assumpsit for the accounting for its use by the defendant prior to the date of…