Geo. K. Hubbard & Co. v. Tenbrook & Bro
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 408 January Term 1888, Sup. Ct.; court below, No. 632 December Term 1887, C. P. No. 3. On February 4,1888, William H. Tenbrook and Philip Ten-brook, trading as Tenbrook & Brother, brought assumpsit against George K. Hubbard and J. Quincy Adams, trading as George K. Hubbard & Co., and on February 23, 1888, filed the following statement of claim, verified by the affidavit of a member of the plaintiff firm, to…
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ERROR TO THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 408 January Term 1888, Sup. Ct.; court below, No. 632 December Term 1887, C. P. No. 3. On February 4,1888, William H. Tenbrook and Philip Ten-brook, trading as Tenbrook & Brother, brought assumpsit against George K. Hubbard and J. Quincy Adams, trading as George K. Hubbard & Co., and on February 23, 1888, filed the following statement of claim, verified by the affidavit of a member of the plaintiff firm, to wit: “ The plaintiffs declare and aver that they have a just and true claim against the defendants for the sum of one…
1Opinion of the Court
Opinion,
Me. Justice Mitchell:
This case affords one among many examples of the failure of the so called reformed procedure to accomplish anything towards the brevity, the clearness, the accuracy, or the convenience of legal forms. So long as the fundamental principle of our remedial jurisprudence shall be, that upon conflicting evidence the jury shall ascertain the facts, and upon ascertained facts the judges shall pronounce the law, so long will it be a cardinal rule of pleading, by whatever name pleading shall be called, that the line of distinction between facts and the evidence to prove…
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