McKenney v. Hopkins

Lowe, Ch. J.

Plaintiff sued defendant on book account in the sum of $89.25.

At the trial the defendants demanded a bill of particulars of the account, before they should be required to plead. This the justice refused to order, for the reason that the plaintiff’s book containing the account was then before them.

- Afterwards the defendant applied for a change of venue, ■upon tbe ground that the justice was a material witness for :them; application overruled for the alleged reason that the trial had commenced.

*496The plaintiff being sworn, testified that their account against defendant, as exhibited…