Hocker v. Rackley

This action was commenced by the defendant in error against the plaintiff in error to recover on an open account. The parties will hereinafter' be re ferred to as plaintiff and defendant as they appeared in the trial court.

Before an answer was filed, the plaintiff filed an amended petition, wherein it was alleged that the account sued on. had become an account stated, and seeking a recovery on the account, so stated. The defendant filed a motion to strike the amended petition, which was overruled, and on the date the case was called for trial filed a motion for continuance, which was…