Netter-Oppenheimer & Co. v. Elfant

Brannon, Judge:

Netter-Oppenheimer & Co. brought an action of assumpsit against Anna Elfant in the circuit court of Taylor county upon an open account, the declaration containing the common counts. The plaintiffs filed an affidavit of the amount due them as provided in section 46, of chapter 125, Code.' At the first rules, as it seems probable, conditional judgment was rendered. The record shows that at the second rules “defendant appeared by counsel and filed a plea in abatement, and Conditional Judgment Affirmed.” In the court the plaintiffs moved the court to strike out the plea in abate-*100mon…