Bradshaw v. McLoughlin

This action was commenced in justice’s court. The first error assigned relates to the sufficiency of the declaration. The justice in his return set forth *481that “the plaintiff declared verbally against said defendants on common counts in assumpsit, and also on a breach of a written contract, now on file in court, in all for three hundred dollars or under.” The defendants pleaded the general issue.

We are of opinion that under the liberal rules of pleading applicable to, and which have long been practiced in justice’s courts, the declaration was sufficient, and that the contract referred to was…