Manning v. Dallas
California Supreme Court
The action was brought to recover a balance alleged to be due on a mutual, open, and current account for work and labor. The complaint was in the ordinary form of indebitatus assumpsit, merely alleging that the defendant was indebted to the plaintiff for a specified balance due on an account for work and labor performed at the request of the defendant, and its nonpayment. The further facts are stated in the opinion.
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The action was brought to recover a balance alleged to be due on a mutual, open, and current account for work and labor. The complaint was in the ordinary form of indebitatus assumpsit, merely alleging that the defendant was indebted to the plaintiff for a specified balance due on an account for work and labor performed at the request of the defendant, and its nonpayment. The further facts are stated in the opinion. Appeal from a judgment of the Superior Court of Stanislaus County, and from an order refusing a new trial.
1Opinion of the Court
Belcher, C. C.
— This action was brought to recover the balance due on a mutual, open, and current account, *421for work and labor alleged to have been performed by plaintiff for defendant between the ninth day of December, 1881, and the tenth day of January, 1886.
The answer denied any indebtedness on a mutual, open, and current account, and alleged payment; and also alleged that so much of the account as accrued “ during the years 1881, 1882, and 1883 has long since been barred, and is barred by the provisions of chapter 3, title 2, part 2, of the Code of Civil Procedure of the state of…
2Cases cited2 opinions
- Moulin v. ColumbetCalifornia Supreme Court · 1863
- Freeborn v. GlazerCalifornia Supreme Court · 1858
3Cited by24 opinions
- Overton v. WhiteCalifornia Court of Appeal · 1937
- West v. EleyOregon Supreme Court · 1901
- Inland Construction Co. v. City of PendletonOregon Supreme Court · 1925
- Churchill v. LouieCalifornia Supreme Court · 1902
- Hopkins v. HopkinsCalifornia Court of Appeal · 1953
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