¶1As this demurrer is submitted without argument, we are left to conjecture why it is deemed necessary to insert such averment in the declaration. That it is usual in practice, seems the only reason. It is generally safer and better to adhere to the customary forms in pleading, but such adherence is not in all points necessary. The statute law is one which we are bound, ex officio, to notice; it need not, therefore, be particularly referred to, but it is sufficient for the plaintiff to bring his case within it.- — Judgment for the plaintiff.
1 Tapp. Rep. 144
Snedecker Endorsee v. Test
Jefferson County Court of Common Pleas
Decided April 15, 1817
Jefferson County Court of Common Pleas · decided 1817-04-15
Assumpsit on a note executed by the defendant to A. Ankrim, and by him endorsed to the plaintiff. Special Demurrer to the Declaration, “for that the declaration doth not aver that the endorsement was made under the statute in such cases made and provided.”
Decided 1817-04-15