Wright v. Smith
Supreme Court of Virginia
Error to judgment of hustings court of Petersburg, rendered July 30, 1884, in an action of trespass on the case in assumpsit wherein W. D. Smith was plaintiff and C. Wright & Son were defendants.
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Error to judgment of hustings court of Petersburg, rendered July 30, 1884, in an action of trespass on the case in assumpsit wherein W. D. Smith was plaintiff and C. Wright & Son were defendants. With the declaration was filed an account of items, whereof the first was as follows: “September 15, 1881. To amount admitted by O. Wright, trading as C. Wright &. Son, as payable by him to W. D. Smith, as a settlement had between them this day, $998.99.” Smith had been partner in trade with F. H. Wright. Upon dissolution of firm, September 15, 1881, it owed him $998.99. O. Wright & Son bought the…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
•The statute provides that, “in every action of assumpsit the plaintiff shall file with his declaration an account showing the several items of his claim, unless it be plainly described in the declaration.” Code 1873, chapter 167, section thirteen; *779Barton’s Law Pr. 117. With this provision, the declaration being general, the plaintiff complied, and the defendant, the plaintiff in error here, contends that the itemized account or bill of particulars so filed, is to be considered a part of the declaration, as though it had been actually incorporated…
2Cases cited4 opinions
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- Board of Supervisors v. Catlett's Ex'orsSupreme Court of Virginia · 1889
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