
    Mary N. C. Burgess, administratrix, vs. Henry Bugbee & trustee.
    A common count on an account annexed will give jurisdiction, although no account is annexed nor any bill of particulars filed with the writ when the action is entered; and is amendable by annexing such a bill.
    Trustee process, begun before a justice of the peace. The declaration set forth that the defendant owed the plaintiff a certain sum of money according to an account annexed. But no account was annexed; nor any bill of particulars filed with the writ when the action was entered, as directed by the Gen. Sts. c. 129, § 10. The justice overruled a motion of the defendant to dismiss the action for that reason; gave the plaintiff leave, against the defendant’s objection, to file a bill of particulars, which was done; and on the trial gave judgment for the plaintiff ■ In the superior court, upon appeal, the defendant renewed his motion to dismiss the action for the same reason; and it was again overruled. The jury found for the plaintiff; and the de* fendant alleged exceptions.
    
      I G. Sproat, for the defendant.
    
      E. Robinson, for the plaintiff.
   Chapman, C. J.

When the writ was entered, the declaration consisted of a count on an account annexed, but without a bill of particulars. Such a count was amendable by annexing a bill of particulars, before the existence of the practice act. Tarbell v. Dickinson, 3 Cush. 345. But the power of courts to allow amendments has since been much extended. Gen. Sts. c. 129, §§ 40-42. The declaration was sufficient to give the justice jurisdiction; and, having jurisdiction, he was authorized to allow the amendment. Exceptions overruled.  