Legal Opinion
Kent v. Bay State Gas Co.
U.S. Circuit Court for the District of Delaware
Decided May 11, 1899PublishedCited by 1 opinion
On Demurrer to Declaration.
1Opinion of the Court
DALLAS, Circuit Judge.
The declaration in this case comprises six special counts and the common counts. The special counts have -been demurred to. The several causes of demurrer assigned need *888not be considered in detail. It will suffice to deal with the points presented in the defendant’s brief.
It is objected that the first three counts are bad in law, because, as is averred, “the form of action is wrong. The action is assumpsit, yet the counts show on their face that the foundation of the action is a sealed instrument.” In my opinion, this objection is not well taken. The declaration does…
2Cases cited4 opinions
- Jacksonville, Mayport, Pablo Railway & Navigation Co. v. HooperSupreme Court of the United States · 1896
- Parks v. TurnerSupreme Court of the United States · 1851
- O'Connell v. ReedCourt of Appeals for the Eighth Circuit · 1893
- Davis v. Kansas City, S. & M. R. Co.United States Circuit Court · 1887
3Cited by1 opinion
- John Fowler & Co. v. Finlay Bros. & Waymouth Trading Co.District Court, D. Puerto Rico · 1913