Pryor v. Johnson
Supreme Court of Alabama
[action on open account.] Appeal from the Circuit Court of Madison. Tried before the Hon. Wm. S. Mudd. This action was brought by Alexander J ohnson, against James C. Pryor; was founded on an open account for $46 30; was commenced in a justice’s court, and. removed by appeal to the circuit court.
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[action on open account.] Appeal from the Circuit Court of Madison. Tried before the Hon. Wm. S. Mudd. This action was brought by Alexander J ohnson, against James C. Pryor; was founded on an open account for $46 30; was commenced in a justice’s court, and. removed by appeal to the circuit court. On the trial in the circuit court, as appears from the bill of exceptions, the defendant proved a written notice to the plaintiff, requiring him “to file' a bill of particulars, showing the items, dates, &c., comprising his account;” and in answer to this notice the plaintiff' then produced an…
1Opinion of the CourtWalker, J.
The Code (§ 2233) in terms gives to the defendant a right to have, “ at any time previous to the trial” *29a list of the items composing an account which is the foundation of the suit. It. is manifestly contemplated by the statute, that the requisition of the bill of particulars, and the compliance with it, shall be before the trial. An objection that the bill of particulars, or list of items, is insufficient, must be made before the trial. If made upon the trial, it would operate a surprise. If made before the trial, the deficiency might be supplied. In Lovelack v. Cheveley, 1 Holt’s N. P. 552,…
2Cases cited1 opinion
- Goodrich v. JamesNew York Supreme Court · 1828
3Cited by5 opinions
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- Hayes v. WoodsSupreme Court of Alabama · 1882
- Sullivan Timber Co. v. BrushagelSupreme Court of Alabama · 1895
- Fountain's Adm'r v. WareSupreme Court of Alabama · 1876
- Boaz Bank v. NailerSupreme Court of Alabama · 1925