22 Kan. 32 | Kan. | 1879
The opinion of the court was delivered by
This was an action brought by Atyeo & Herman against E. P. Bancroft for a balance due on an account for meat. The action was commenced before a justice of the peace, where judgment was rendered in favor of the plaintiffs and against the defendant for the amount claimed. The defendant then took the case to the district court on petition in error, where the judgment of the justice was affirmed. The defendant (plaintiff in error) then brought the case to this court on petition in error. The defendant (plaintiff in error) now claims, and claimed in the courts below, that the plaintiffs’ bill of particulars filed in the justice’s court was and is insufficient, on the alleged grounds that in it “there was not one single fact stated; neither was there any conclusion of law stated.” The bill of particulars is in form as follows:
*33 Mr. E. P. Bancroft,
1875 To Atyeo & Herman, Dr.
Oct. 11 — 4 lbs. pork.........................'...............;...................... 50
“ —9 “ steak.............................................................. 72
12— 3 “ steak, 6 pork................................................... 72
“ — 8 “ “ 41- suet................................................... 89
13— 9J lbs. roast, 1.
—tongue....................;..........1.................................... 96
“ —10 lbs. steak............................................................ 80
14— meat...................................................................... 88
8f lbs. beef, 70, 3 saus., 37........................................................ 1 07
[Here follow two or three hundred more items, all being charges for meat, of various kinds and in various amounts, • and running from October 14, 1875, up to April 18, 1876. The account is then footed up as follows :]
156 77
89 43
Bal. due. ' 67 24
[On the back of the account, ten different credits are given, as follows:]
1875.
Oct. 18 — Credit by cash........................................................... 1 43
27— “ “ “ .......................................................... 6 00
[The credits continue (ten in number) up to April 6,1876, and foot up as follows:]
I I 89 43
Why this is. not a good bill of particulars, counsel for plaintiff in error do not inform us in their brief, except in such general terms as We have already quoted. One of the. special reasons, however, as given in their oral- argument, is, that there is nothing in the bill of particulars to designate what the figures therein contained mean. This is purely technical; for, however defective the bill of particulars may be supposed to be, still, no person can misunderstand its import. But we do not think that the claim of counsel is strictly correct. The action was commenced on September 28,1877. The docket of the justice shows that the plaintiffs on that day “filed their bill of particulars herein, claiming judgment for $67.24, for meat.” A summons was then issued, and served on the same day by delivering to the defend
The judgment of the court below will be affirmed.