Eddie v. Eddie

It is urged that appellee should have filed a bill of particulars with his plea of set-off. If desired, appellant should have asked for, and obtained, a rule on appellee to file a bill containing all of the items of his account, with dates, amounts, and in form. But by permitting appellee to prove his account without taking such a rule, and making no objection to the evidence, for that reason he waived the statutory requirement and virtually consented that the evidence should be given, and he can not now raise the question for the first time in ■this court. To allow it, would be to enforce…