Bryan Keefe Co., a Corp. v. Howell

(after stating the ease). — In their briefs, counsel for defendants in error criticized the declaration Cor pleading evidentiary facts instead of ultimate facts, and for attempting to set out the cause of action at length instead of merely using the usual statutory form of common count for money had and received. These objections to the form of the declaration, even if they could have been successfully made by motion for compulsory amendment under the statute (which it is not necesary for us to decide), are not raised by the demurrer going to the substance of the declaration. This is…