Auzerais v. Naglee

— I dissent. The motion of the defendant for a further and more particular copy of the account sued on was denied by the court below, “ on the ground that in an action on an account stated no account need be furnished under the law.”

The statute on this subject is section 454, Code of Civil Procedure:—

“It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within five days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof. The court or judge thereof may…