Stover v. Allen
Stover v. Allen
Opinion of the Court
delivered the opinion of the court.
A declaration is a statement on the part of the plaintiff of his cause of action, which must be made with a proper degree of certainty and particularity, and if predicated of an executed consideration, must» show that it arose at defendant’s request. The stating part of a declaration in the words, “plaintiffs in this suit complain of James Allen, the defendant in this suit, who has been summoned to answer the plaintiffs-in an action of assumpsit, to their damages, etc.; for that, whereas the defendant heretofore, to-wit, on the 8th of January, in the year of our Lord, 1868, by his certain account, for work and materials, rendered
The judgment is reversed, the demurrer allowed, and the cause remanded, with leave to plaintiff to file a sufficient declaration.
Reference
- Full Case Name
- Stover & Croft v. James Allen
- Status
- Published