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48 Ind. 298

Pierce v. Wilson

Indiana Supreme Court

Decided November 15, 1874

Indiana Supreme Court · decided 1874-11-15

<p>Pleading.—Bill of Particulars.—In an action to recover for services rendered to the defendants hy the plaintiff as an attorney, the hill of particulars filed with the complaint was as follows: A. and B. to C. Dr., “ to legal services rendered in the October term of the Tippecanoe Circuit Court, in the case of themselves v.” D. “ and others, to set aside a fraudulent mortgage, two hundred dollars ($200).”</p> <p>Held, that this was a sufficient bill of particulars.</p> <p>Practice.—Appeal.'—Form of Judgment.—No question as to the form of a judgment can be raised for the first time in the Supreme Court.</p>

Cited by 3 later decisions — most recently December 1927

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1874-11-15

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Pettit, J.

¶1This suit was brought by the appellee, William C. Wilson, against the appellants, George Pierce and John W. Jamison, on an account for services. Answer of general denial, trial by the court, general finding for the plaintiff, and judgment on the finding for two hundred dollars.

¶2The only questions sought to be raised in this court are as-to the sufficiency of the complaint, the bill of particulars, and the form of judgment. No objection was taken to either in the court below. The complaint is a fell compliance with the *299statute. 2 G. & H. 373, sec. 1, and form 10, p. 376. The bill, of particulars is this:

George Pierce and John W. Jamison.

¶3“ To William 0. Wilson, Dr.

¶4To legal services rendered in the October term of the Tippecanoe Circuit Court, in the case of themselves v. John Doffin and others, to set aside a fraudulent mortgage, two hundred dollars (if200).”

¶5This is all that was necessary or could be desired in a bill of particulars in this case. As to the form of the judgment, no objection to it having been made below, it is too late to raise it here for the 'first time, if any really existed; but there is none. It is perfect, and is in these words:

¶6' It is therefore considered by the court now here that the-plaintiff do have and recover of and from the defendants the-sum of two hundred dollars, and also the costs and charges in this behalf.”

¶7There is no error in the record.

¶8The judgment is affirmed, at the costs of the appellants, with, ten per cent, damages.

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