Milbanks v. Coonley

This action was commenced in justice’s court. To the plaintiff’s complaint was attached a bill of particulars marked “X;” to the defendant’s answer, a bill of particulars marked “V.” On the trial it was stipulated by parties and counsel that these two bills of particulars were admitted and received in evidence subject to the right to cross-examine; that the bills should be considered as respectively testified and sworn to by the respective parties. (This is the fair understanding of the case, although in one *168place it speaks as if plaintiff were also to testify to defendant’s bill.) Now,…