Campbell v. Chaffee

Í>U PONT, J.,

delivered the opinion of the court.

This was an action of assumpsit, brought by the appellees to recover from the appellant the amount due upon a promissory note. The summons ad respondendum omitted to state the damages, but was in other respects in the usual form. At the appearance term, the defendant filed a plea in abatement in the following words, to wit:

“The defendant, by James Gettis, prays judgment of the said writ and declaration, because he says that there is no sum of money whatever set forth or spoken of in said writ; and this the said defendant is ready to verify.…