Potter v. John Hutchison Manufacturing Co.

This suit was commenced by summons, to which defendant pleaded in abatement that the writ was signed, sealed, and delivered to the attorney for plaintiff in blank, and did not, when so delivered to said attorney, contain either the name of the parties, a statement 1 of the cause of action, the amount of damages, date of issue, or the day of the return. Plaintiff *60demurred to this plea, the court below sustained the demurrer, and defendant appeals.

The issue of writs in the manner complained of is not unusual. Indeed, the practice is general, and with the knowledge and consent of courts.…