Dill v. Jones
Supreme Court of Georgia
Motion in arrest of Judgment. Before Judge Warren. In Early Superior Court. April Term, 1847. This was an action of assumpsit brought by the defendant in error, against Dill and Buchannon, two of the plaintiffs in error, having two counts, one of which was for money had and received, and the other for money laid out and expended, without_any bill of particulars being attached to the declaration.
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Motion in arrest of Judgment. Before Judge Warren. In Early Superior Court. April Term, 1847. This was an action of assumpsit brought by the defendant in error, against Dill and Buchannon, two of the plaintiffs in error, having two counts, one of which was for money had and received, and the other for money laid out and expended, without_any bill of particulars being attached to the declaration. At the April Term, 1845, of Early Supexlor Coui't, said case was tried on the appeal, and a verdict and judgment rendered in favour of Jones for $1008 principal, and $127 interest with costs, against…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion'.
This was a motion to set aside a verdict and judgment, on the ground that the plaintiff had not set forth a sufficient cause of action. The writ contained the common counts for money had and received, and for money paid, laid out and expended; without specifying by bill of particulars or otherwise, wherein the money was had and received, or on what account it was paid, laid out and expended.
*81In Murphy vs. Lawrence, 2 Kelly, 258; we lay down [ 1. ] this fundamental law of pleading, to-wit: “ The facts must be so plainly, fully and distinctly set…
2Cases cited1 opinion
- Moor v. BoswellMassachusetts Supreme Judicial Court · 1809
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- Gonackey v. General Accident, Fire & Life Assurance Corp.Court of Appeals of Georgia · 1909
- Moss & Co. v. StokeleySupreme Court of Georgia · 1895
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