Ramsey v. Cook

McDONALD, Chief Justice.

Appellee, plaintiff in the trial court, brought suit against appellant for a balance of $360.46 on a promissory note, plus interest and attorney’s fees', and for a balance of $37.80 on a sworn account. Defendant’s answer was in part a plea of want of consideration. It was not verified. At the close of plaintiff’s testimony the court refused to hear defendant’s testimony in support of his plea on the ground that the answer was not verified. Defendant then asked leave to amend his answer by having it sworn to, but the court refused to permit him to amend, and, a jury…