Neafie & Levy v. Miller & Henderson

Taylor, J.:

The appellants as plaintiffs below, citizens of Philadelphia, Pennsylvania, sued the appellees, citizens of Tampa, Florida, in assumpsit upon an account for work and labor, done and performed, and materials for the same furnished for the defendants, and for moneys paid, laid out and expended for the use of the defendants, and upon account stated; the declaration containing the usual money counts. Attached to the declaration was a copy of the itemized account sued upon.

*175Before pleading,"the defendants, after notice to the plaintiffs, presented their petition to the Circuit Judge…