Mott v. Downer
Mott v. Downer, 1 Root 425 (1792)
Headnotes
A party will not be allowed to alter bis plea, where it is not relevant to bis case.
Summary
AotioN of account. Plea —-Not bailiff and receiver. Issue to tbe jury.
Tbe defendant offered to go into tbe particulars of tbe account, thereby to prove tbat be was nothing in arrear; but not allowed by tbe court; be then moved to alter bis plea, and plead that bo bad fully accounted in order tbat be might show tbat be was not in arrear.
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Opinion of the Court
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By the Court.
Tbe alteration cannot be permitted for tbe reasons suggested; for it is the proper business of auditors to examine and adjust tbe accounts, which tbe court and jury never undertake to do, in an action of this nature.
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Cited by 2 cases
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