Summary
In Saunders v. Pendleton, 19 R.I. 292 (1895), the common pleas division of the supreme court had granted a motion by the defendant that the action be dismissed on the ground that the declaration did not state a good cause of action.
Summary of this case from Sayles v. McLaughlinOpinion
November 22, 1895.
After pleading the general issue the defendant's motion to dismiss the action for defects in the declaration ought not to be granted if the declaration, though technically defective in form, contains a substantial statement of a cause of action.
PLAINTIFF'S petition for a new trial.
Albert B. Crafts, for plaintiff.
The court is of the opinion that though the declaration is technically defective in form, it contains a substantial statement of the plaintiff's cause of action, and that the defendant's motion to dismiss, after having pleaded the general issue, comes too late and should not have been granted.
Plaintiff's petition for a new trial granted, and case remitted to the Common Pleas Division for further proceedings.