Ward v. Stewart & Ward
Supreme Court of Georgia
Complaint. Before Judge Candler. Clayton superior court. March term, 1897. To the petition of J. T. Ward against Stewart & Ward the defendants demurred, and moved to dismiss it, upon the grounds that no bill of particulars or itemized account was attached to the petition, as required by law, and that the contract upon which the suit was based was void and barred by lapse of time. The court sustained the demurrer and dismissed the case, and the plaintiff excepted.
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Complaint. Before Judge Candler. Clayton superior court. March term, 1897. To the petition of J. T. Ward against Stewart & Ward the defendants demurred, and moved to dismiss it, upon the grounds that no bill of particulars or itemized account was attached to the petition, as required by law, and that the contract upon which the suit was based was void and barred by lapse of time. The court sustained the demurrer and dismissed the case, and the plaintiff excepted. The petition was filed August 15, 1896. It alleged: On September 1, 1886, the defendants, a firm doing a mercantile business,…
1Opinion of the CourtLewis, J.
1. Treating this petition of the plaintiff as a suit upon the original account between him and the defendants, it was defective for want of a bill of particulars. So far as the cause of action for his services as clerk is concerned, it is set forth with sufficient particularity in the body of the declaration; and where this is done, it is useless to add any further bill of particulars. But as to the balance of the account for cotton and money he let the defendants have, this should certainly have been more explicitly set forth in a bill of particulars; and, as a suit upon an open account…
2Cited by17 opinions
- Moore v. Hendrix & HodgesSupreme Court of Georgia · 1916
- Lawson v. Dixie Feed & Seed Co.Court of Appeals of Georgia · 1965
- W. T. Rawleigh Company v. OverstreetCourt of Appeals of Georgia · 1944
- Martin v. MayerCourt of Appeals of Georgia · 1940
- Borders v. GayCourt of Appeals of Georgia · 1909
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