Gardner v. Shekleton

Mr. Presiding Justice Holdom

delivered the opinion of the court.

This is an action of assumpsit for money had and received by the defendants to the plaintiff’s use.

In the first instance plaintiff filed a declaration of three counts, the first a special count, secondly the consolidated counts, and thirdly on an account stated. Thereafter by leave of court plaintiff filed an additional count. Defendants filed a demurrer to the special count. Plaintiff also filed a bill of- particulars, and defendants filed a demurrer to the additional count of the declaration, and also made a motion to strike the…