Belote v. O'Brian's Administrator

Citations

• 20 Fla. 126

Syllabus

<p>1. A. bill of particulars attached to the declaration in an action of assumpsit, although sworn to, is in no sense evidence in the cause, nor in any event can it he referred.to, .to supply a deficiency in the proof on the part of the plaintiff. Its sole object is to inform the defendant of the nature and character of the cause of action, and for what particular items it is brought.</p> <p>3. The effect of the exceptions to the general rule, as provided in Chapter 1983, Laws 1874, MeC. Dig., 518, §24, is not to render a witness incompetent generally, hut only incompetent to testify upon certain specified subjects, namely: “transactions and communications,” had with the deceased in his life time. Any party may testify to any fact pertinent to the issue, if it does not come within the exceptions as provided in and by the statute.</p>