Reports of Cases Determined in the District Courts (Volume 5) - edizione con copertina flessibile

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: chapter{Section 4REPORTS OF CASES DETERMINED IM THE DISTRICT COURTS OF APPEAL OP THI STATE OF CALIFORNIA. [Civ. No. 315. First Appellate District.?February 7, 1907.] FISHEB AMES, Respondent, v. TERESA BELL, Appellant. Account?Pleading?Bill or Particulars?Purpose or Code ProviSion.?The purpose of the provisions of section 454 of the Code of Civil Procedure, that "it is not necessary for a party to set forth in a pleading the items of an account therein alleged, but be must deliver to the adverse party, within five days after a demand therefor in writing, a copy of the account, or be precluded from giving evidence thereof," is to give the adverse party rea- sonable notice of the items constituting the claim he is required to meet, so that he may prepare for trial. to?Natum or Bill Of Particulars?Amplification or Pleading? Further Order?Amendment.?The bill of particulars required is in the nature of an amplification of the pleading to which it relates, and it is to be construed as part of it for certain purposes; and when the court or judge orders "a further account wnen the one delivered ia too general, or is defective in any particular," as the section provides, the further or amended account is to be construed as an amended pleading for certain purposes. Id.?Waiver Of Orjection To Amended Bill?Motion At Trial?OrJection TO Evidence.?Where, after the furnishing of an amended bill of particulars by order of court, the defendant made no objection to its items for over five months, and until the very moment of trial, objection thereto was waived, and a motion then made for a further bill of particulars came too late, and was properly denied. The defendant cannot object at the trial to any evidence coming within the general scope of the complaint and the amend...