Wessel v. Bargamin

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court:

The questions presented for decision by the assignments of error will be disposed of in their order as stated below.

1. Was the notice of motion (together with the account which is made a part thereof), sufficient to maintain the action? That is, did it “state a case” —i. e., a cause of action, upon which the plaintiff was entitled to recover a judgment for some amount against the defendants?

The question must be answered in the affirmative.

The decisions in this jurisdiction upon the subject of what a…