New York Court of Common Pleas July 15, 1863 (Goings v. Patten)

Daly, F. J.

—The appellant insists that the judge should have decided whether this was or was not an averment of an account under the 158th section of the Code: that if it were not, the plaintiff’s motion should have been denied; and that if it were, the defendants should have been allowed time to furnish items upon terms. I do not see that this necessarily follows.