Blankman

This appeal is by the plaintiff from a judgment against him for something over $1,500 upon a cross-complaint filed by defendant as administrator with the will annexed of the estate of Susan H. Parsons, deceased, in an action in which the plaintiff sought to recover from defendant, as such administrator, $985, alleged to have been advanced to decedent upon an open book account.

The extremely unsatisfactory character of the record from the standpoint of either party and from the standpoint of any court called upon to administer justice and equity demands from us more than the mere technical decision of the abstract right of plaintiff to a continuance of the case and to a new trial after judgment against him. Some idea of the aimlessness and indefiniteness of the record made in the trial court will be gathered from the following statement) of facts: On June 9, 1923, an amended complaint was filed by plaintiff, setting up a claim against defendant’s decedent for $807 and interest upon an open book account for money had and received during the years 1918 and 1919. A demurrer was filed and overruled and defendant answered denying the indebtedness of decedent to plaintiff and setting up…