Aaron v. Podesta
Mississippi Supreme Court
Appeal from the Circuit Court of Sharkey County. Hon. B. F. Trimble, Judge. Joseph Podesta brought an action before a j ustice of the peace against Wolf Aaron, upon an itemized open account, to which was attached the affidavit of the plaintiff that the account was correct and due by the defendant.' The defendant did not put in an appearance in the justice’s court and a judgment by default was rendered against him.
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Appeal from the Circuit Court of Sharkey County. Hon. B. F. Trimble, Judge. Joseph Podesta brought an action before a j ustice of the peace against Wolf Aaron, upon an itemized open account, to which was attached the affidavit of the plaintiff that the account was correct and due by the defendant.' The defendant did not put in an appearance in the justice’s court and a judgment by default was rendered against him. The defendant appealed the case to the Circuit Court; and then the plaintiff moved the court for a judgment against the defendant on the ground that the account sued on was “ duly…
1Opinion of the CourtCooper, J.
Sect. 1627 of the Code of 1880 gave to open accounts sued on, when supported by the oath of the .plaintiff attached thereto and filed with the account, a conclusive effect as testimony, unless the defendant should controvert their correctness by his oath as therein provided. This is, however, a rule •of evidence, and not one of pleading or practice, and the de*86fendant is not precluded from interposing affirmative matters in confession and avoidance'as a defence to the suit.
In Reinhardt v. Carter et al., 49 Miss. 315, itwas held,under a statute substantially similar to this, that the defendant…
2Cases cited1 opinion
- Reinhardt v. CarterMississippi Supreme Court · 1873
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