Morrisette v. Wood
Supreme Court of Alabama
Appeal from tlie 'Circuit Court of Montgomery. Tried before the Hon. J. O. Richardson. This was an action brought by appellee against appellant to recover for medical services rendered the latter’s testator. The complaint originally contained three counts, the second being stricken out by amendment.
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Appeal from tlie 'Circuit Court of Montgomery. Tried before the Hon. J. O. Richardson. This was an action brought by appellee against appellant to recover for medical services rendered the latter’s testator. The complaint originally contained three counts, the second being stricken out by amendment. The first count claims for medical services rendered fho defendant’s testator during his last illness, and the third for work and labor done at the request of defendant’s testator. Before the trial defendant demanded a list of the items composing the account. This list was furnished, and contained…
1Opinion of the CourtDowdell, J.
1. Section 3290 of the Code provides 'that at any time previous to the trial, upon notice to the attorney of the party, the defendant may have inspection of the bond or other instrument sued on; “or when an account is the foundation of the suit, a list of the items composing it.”
The word account has no clearly defined legal ¿leaning. Ordinarily it is a detailed statement of mutual demands (if they exist) in the nature of debit and credit between the parties, arising out of contract or some fidiciary relation, showing a balance by comparison between receipts and payments, but the balance is…
2Cases cited4 opinions
- Hood v. LeagueSupreme Court of Alabama · 1893
- Starkweather v. KittleNew York Supreme Court · 1837
- Columbia County v. BranchSupreme Court of Florida · 1893
- Doss v. PetersonSupreme Court of Alabama · 1886
3Cited by15 opinions
- Donley v. BaileySupreme Court of Colorado · 1910
- Wood & Pritchard v. McClureSupreme Court of Alabama · 1923
- Dees v. Self Bros.Supreme Court of Alabama · 1910
- Kneisley Lumber Co. v. Edward B. Stoddard Co.Missouri Court of Appeals · 1905
- Twin Tree Lumber Co. v. EnsignSupreme Court of Alabama · 1915
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