Tierney v. Duffy
Mississippi Supreme Court
Appeal from the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. The appellee filed against the appellant a declaration in assumpsit, containing two counts, one for two hundred and five dollars for board furnished him, and the other for one hundred, and forty dollars received by him for the plaintiff’s use.
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Appeal from the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. The appellee filed against the appellant a declaration in assumpsit, containing two counts, one for two hundred and five dollars for board furnished him, and the other for one hundred, and forty dollars received by him for the plaintiff’s use. Pending a demurrer to the appellant’s pleas that he was not indebted and that he had paid all indebtedness, he pleaded non assumpsit, upon which there was a verdict and judgment for the appellee for two hundred and forty-five dollars. The appellant moved for a new trial, on…
1Opinion of the CourtCiialmers, C. J.
No bill of particulars was annexed to the declaration, but the declaration itself specified accurately the two items of account sued for, with the charge for each. This was sufficient and dispensed with the annexation of the bill of particulars. Nevitt v. Rabe, 5 How. 653. Moreover, no objection to the absence of a bill of particulars was made in the lower court, and hence cannot be made in this court. Bank of Louisiana v. Ballard, 7 How. 371.
The defendant’s pleas were demurred to; and, without any disposition having been made of the demurrer, he filed a good plea, upon which the trial took…
2Cases cited1 opinion
- Tittle v. BonnerMississippi Supreme Court · 1876
3Cited by4 opinions
- Enochs-Flowers, Ltd. v. Bank of ForestMississippi Supreme Court · 1934
- Morgan v. KingMississippi Supreme Court · 1922
- Gallagher v. KornblattCourt of Appeals of Maryland · 1925
- Adams v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1899