Bellows v. Sowles

Thompson, J.(1) The defendant insists that this action cannot be maintained because, as he says, the plaintiff has declared in case instead of debt. As this is an action to recover the amount due on a judgment of the county court, it is true that debt is the proper form of action. Although in the copy of the writ furnished this court, the count begins with the words, “in a plea of the case,” yet what follows is a declaration in debt on a judgment, and such misnomer does not change its character, and it is to be held to be what it is in fact, and not what the pleader may have inadvertently…