Paine v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. The action was brought to recover $577.16 for moneys laid out and expended by plaintiff for the use and benefit of the defendant, at his request. The complaint was verified.
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APPEAL from the Circuit Court for Waupaca County. The action was brought to recover $577.16 for moneys laid out and expended by plaintiff for the use and benefit of the defendant, at his request. The complaint was verified. Within the time required by law, defendant demanded in writing a bill of particulars of plaintiff’s account; and plaintiff served a bill of particulars, which was not verified, on the 8th of August, 1868. The answer, filed August 29, 1868, besides a general denial, set up a counterclaim for $5l0 as the stipulated price of logs alleged to have been sold by defendant to…
1Opinion of the CourtDixon, C. J.
The complaint was verified, but the bill of particulars served by the plaintiff on demand of the defendant was not. If the pleading be verified, the statute requires the copy of the account also to be, by the oath of the party or of his agent or attorney. R. S., ch. 125, sec. 20; 2 Tay. Stats., 1442, § 22. The defendant did not return the bill of particulars at the time of service, but retained the same without objection until the trial, which took place more than two years after-wards. At the trial he objected to any evidence being received of the particulars of the plaintiff’s demand,…
2Cited by4 opinions
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