Thomas & Blake v. Forsyth Chair Co.

1. There was, in this case, not even a substantial compliance with the requirement of the Civil Code, §4116, to tbe effect that when suit is instituted in a justice’s court to enforce the collection of an open account, there must be attached to the summons, at the time the same is issued, a copy of the account sued on. On the contrary, the exhibit attached to the summons was in no sense a bill of particulars, nor did it furnish to the defendants reasonable notice as to the character of the plaintiff’s demand. Since the pas- . sage of the act of September 21, 1881, the provisions of which are…