Walls v. Zufall

Bijannon, Judge:

J. H. Walls filed in the circuit court of Preston county a declaration in assumpsit containing only the common money counts against William H. Zufall & Company and filed an open account for a bill of particulars. At the rules when the declaration was filed the defendant appeared and demurred to the declaration. No conditional judgment or order for inquiry of damages was entered at rules. At the next two terms the case was continued. At the third term of the court the defendant offered the plea of non-asswnpsit and two other pleas. The court rejected the pleas as too late, and…