Simpson v. . Elwood

Citations

• 19 S.E. 598
• 114 N.C. 528

Syllabus

<p>Suit on Accounts — Splitting up Accounts — Jurisdiction.</p> <p>One who has an account against another consisting of several distinct items based on separate transactions may bring an action upon each distinct and separate item, provided that if be should bring more actions than are necessary to avail himself of the jurisdiction of a Justice of the Peace the Court may, to prevent oppression and unnecessary costs, require a consolidation of the actions; but if, before action brought, the plaintiff renders a statement covering all the items contracted at different dates, to .which no objection is made by the debtor within a reasonable tim'e, the account becomes an account stated and cannot be then split up.</p>