Bania v. Kashmerick

Plaintiff brought suit against defendant in circuit court for recovery of the sum of $5,000 which he claimed he had paid to defendant. The declaration contained the applicable common counts in assumpsit and also a special count referring specifically to the sum in question. A bill of particulars was filed with the declaration, setting forth the dates and amounts of the payments claimed.' Defendant moved to dismiss on the ground that the declaration did not set forth a cause of action, and also that the matters involved in plaintiff’s suit had been fully adjudicated in a prior case instituted…