Account

remedies. This is the name of a writ or action more properly called account render. It lies against a bailiff or receiver, who by reason of his employment or business is to render an account to another, and refuses or neglects to do it. It is also the proper remedy by one partner against another. - In this action if the plaintiff succeeds, there are two judgments the first that the defendant do account, quod computet, before anditors appointed by the court; the second that the plaintiff recover the amount to which he is found to be entitled. In those states where they have courts of chancery, this action is nearly superseded, by the better remedy which is given by facts from the defendant under his oath, instead of relying merely on the evidence he may be able to produce. When an account has once been stated, the plaintiff may recover in action of assumpsit.

3 Bl. Com. 162; 8 Com. Dig. 7; 1 Com. Dig. 180; 2 Ib. 4683; 1 Vin. Ab. 135; 1 Bac. Ab. 31; Doct. Pl. 26; Yelv. 2U2; 1 Supp. to Ves. Jr. 117; 2 Ib. 48, 136.