Abbott v. Sherman Mines, Inc.

HUDSPETH, Chief Justice.

This is an appeal by the defendant from an order overruling a motion to set aside a judgment rendered in the absence of defendant’s attorneys in favor of plaintiff for $8,771.35. Parties will be referred to as plaintiff and defendant. The defendant filed with its answer a demand for a bill of particulars. On the day the cause was set for trial the defendant filed a motion for judgment of dismissal because of the failure of the plaintiff to furnish a bill of particulars under Comp.St. 1929, § 105-525. Court denied the motion. Plaintiff volunteered to furnish a bill of…