Bloom v. McGrath
Mississippi Supreme Court
Error to the Circuit Court of Hinds County. Hon. George F. Bro.wn, Judge. At the January Term, 1873, the plaintiffs McGrath & Compton filed a declaration in assumpsit against E. Bloom, founded on an open account. With the declaration was filed a mere statement of the balance claimed to be due, thus, “ To amount of bill rendered, $294,” without any itemized account whatever.
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Error to the Circuit Court of Hinds County. Hon. George F. Bro.wn, Judge. At the January Term, 1873, the plaintiffs McGrath & Compton filed a declaration in assumpsit against E. Bloom, founded on an open account. With the declaration was filed a mere statement of the balance claimed to be due, thus, “ To amount of bill rendered, $294,” without any itemized account whatever. At the return term the defendant E. Bloom filed a plea of non assumpsit, with a notice of the defence he would make under the plea; viz., that the goods’were sold to one A. Bloom, and the defendant never promised to pay…
1Opinion of the CourtChalmers, J.
The plaintiffs filed with their declaration an account consisting of a single item, thus, “ To amount of bill rendered, $294.” The defendant having made a motion to quash the process, under § 580 of the Code, which prescribes that in suits on open accounts there shall be filed before the issuance of process an itemized bill of particulars, the motion was met by a counter one on the part of the plaintiffs for leave to file such itemized *256account. Thereupon the court overruled the motion to quash the process, and gave leave to file the amended account. This action of the court constitutes the…
2Cases cited1 opinion
- Sweatman v. ParkerMississippi Supreme Court · 1873
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