Souders v. Carolina Portland Cement Co.

Rule 11 of the Superior Court (Civil Code, 1895, §5642) provides: “In actions of assumpsit' for the recovery of •unliquidated demands, a bill of particulars shall be annexed to the copy served on the defendant; and in every ease where the plea of set-off snail be filed, a copy of the set-off shall be filed at the time of filing the answer; and when the bill of particulars is not annexed to the declaration, the plaintiff shall lose a term; and if service of said bill of particulars is not effected upon the defendant by the succeeding term, a nonsuit shall be awarded.” The term “nonsuit,” as…