Hagood v. Blythe

Citations

• 38 F. 76
• 1889 U.S. App. LEXIS 2789

Syllabus

<p>1. Pleading — Copy of Account — When Necessary. A complaint against a United States marshal and his sureties alleged in each of 144. counts the receipt by the marshal from the government of a specified sum of money earned by a certain deputy-marshal, and his failure to pay the same, and the assignment of this claim by the deputy-marshal to plaintiff. Held, that the counts showed distinct and separate claims, each being a single transaction, and the suit was not on an account, so as to entitle defendants to a copy thereof.</p> <p>2. Same — Complaint. The allegation in each count was that on a certain day plaintiff’s assignor was duly appointed deputy, “and performed services in the cause of U. S. v. C., in the serving and executing process issued in said cause, whereby he became entitled to the sum of $-, for lawful fees and mileage, as will fulty appear by itemized statement thereof indorsed upon the warrant in said case, and delivered to said [marshal;] that no part of the same has been paid, al- • though payment has been frequently demanded, and although the said [marshal] has duly presented the statement of said services to the proper department of the government, and has received * * * the amount so earned by the said [plaintiff’s assignor,] and allowed by the government for his lawful fees and mileage; that heretofore, and before the commencement of this action, said [plaintiff’s assignor,] for value, duly assigned said cause of action to plaintiff. ” Held, that the complaint was sufficient; and a motion to make more definite and certain was overruled.</p>