123 Mich. 4 | Mich. | 1900
(after stating the facts). The notice given under the common counts cannot aid the special count. That count sets forth the amount of the judgment, the defendant, and the court in which it was rendered. It fails to give the name of the plaintiff and the date of the judgment, and to state that it is in force. The declaration is clearly defective, and the objection raised against it would have been good upon demurrer. For form of
“Where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would hav”e been.a fatal objection upon demurrer, yet if the issue joined be such as necessarily required, on the trial, proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given, the verdict, such defect, imperfection, or omission is cured by the verdict at the common law.” Stennel v. Hogg, 1 Saund. 228, note 1.
The judgment is affirmed.