Appeal from the Sixth District.

Plaintiff sued on a note for three hundred and fifty dollars with interest. Defendant answered that at the time of the commencement of the suit plaintiff was, and still is indebted to defendant in the sum of five hundred dollars, for work and labor, etc., and for money paid out and expended, and set this up as a counter claim, asking judgment for the difference.

Plaintiff gave defendant the following notice : “ I demand of you a copy of the account to which you allude in your answer, and claim to be an offset in this cause.” Whereupon defendant furnished, in substance, this bill:

“Henry Conner

“ To C. J. Hutchinson, Dr.

“ For his proportion of indebtedness, five forty-eighths, for personal services and expenditures in the matter of the claimants for a certain ranch in Yolo county, called “ Laguna de Santos Galle ” v. The United States, under agreement dated-, to which said Conner is a party.

Total services $5000. Conner’s proportion is $520.00

“ Cash expended, about $1000, and liabilities assumed and not yet paid, C.’s proportion 104.15

“ Total, aside from the liabilities not yet paid, $624.15

“ W. & H.

“ Defendant’s Attorneys.”

Plaintiff then notified defendant that on the third of June, 1859, he would move the Court for a “ further account of particulars of the claim alluded to in your answer, the bill rendered being too general for any practical use.” This motion having been heard, July 8th, 1859, the Court ordered, defendant excepting, that “ defendant furnish said further bill; ” and on the twenty-ninth of July defendant furnished a bill, in substance this :

“ First, general particulars.

“ Services rendered by defendant prior to February, 1858, in matter of confirmation of title to rancho “ Laguna de Santos Calle ” unto E. L. Brown et al., (claimants) of whom plaintiff is one, and which services were rendered by defendant in pursuance of an agreement made between plaintiff, defendant, one Davis, and others, as claimants, dated hfarch 6th, 1856.

“ Subdivided.

“ Looking up testimony, documentary and other, consultations with counsel; taking a general supervision and management of the case other than what belongs to counsel; traveling between Sacramento and San Francisco from twelve to fifteen times, from Sacramento to Los Angeles once ; attending to examination of witnesses and procuring their attendance. Which services are worth $5000, of which plaintiff, under said agreement, is bound to pay five forty-eighths, making five hundred and twenty dollars.

“ For further explanation of above charge, defendant refers to deposition of W. W. Stow on file.

“ Expenses and disbursements in attending to the above business, as near as can be ascertained, no minute account of the items having been kept, $1,200 ; the five forty-eighths of which is one hundred and twenty-five dollars.”

On the trial, in Oct., 1859, plaintiff offered in evidence the note sued on and rested. Defendant then read in evidence an agreement, dated March 10th, 1856, between Davis and others, plaintiff and defendant among them, to partition among themselves as owners the rancho referred to above, and to appoint two agents to take the necessary steps for such partition, and also afterwards to prosecute vigorously the claim for the rancho before the United States Courts, employ counsel, procure witnesses, etc., all expenses to be borne by the parties in proportion to their interest-—Davis and defendant being appointed such agents by the agreement. Defendant next offered in evidence the deposition of W. W. Stow taken in the cause, to which plaintiff objected, on the ground that defendant had not furnished an additional bill of particulars. Objection sustained, and the evidence ruled out, defendant excepting.

The deposition of Stow proved the services of defendant and their value about the confirmation of the claim for the rancho, as stated in defendant’s second bill of particulars.

The Court directed the jury to find for plaintiff in the sum of four hundred and eighty-seven dollars and costs—the amount of the ■note with interest. Verdict and judgment accordingly. Defendant appeals.