Western Newspaper Union v. Judson
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. Wiiliam Jackson. Assumpsit by tbe Western Newspaper Union against W. H. H. Judson. Judgment for defendant and plaintiff appeals.
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Appeal from Bessemer City Court. Heard before Hon. Wiiliam Jackson. Assumpsit by tbe Western Newspaper Union against W. H. H. Judson. Judgment for defendant and plaintiff appeals. Tbe court erred in declining to permit the complaint to be amended by the addition of a statement that it was upon an itemized, verified account. — Secs. 3970 and 5467, Code-1907. The court should have stricken the plea of non est factum, as it was not verified. — Sec. 5333, Code-1907. The court erred in declining to admit the note-in evidence. — 124 Ala. 515. The court erred in not permitting it to be shown that…
1Opinion of the CourtWalker, P. J.
It is not a ground of reversal that the trial court, on an objection made by the defendant, refused to allow the plaintiff to amend the count of its complaint on account by adding at the end thereof the averment “that this count of this suit is brought on a verified account.” The addition of that statement would not have served the purpose of making a verified itemized statement of the account competent evidence of the correctness of the account, as, under the provisions of section 3970 of the Code of 1907, that result follows only when the plaintiff, at the time of bringing his suit,…
2Cases cited2 opinions
- Sullivan Timber Co. v. BrushagelSupreme Court of Alabama · 1895
- Stanton v. Baird Lumber Co.Supreme Court of Alabama · 1902
3Cited by3 opinions
- Louisville & Nashville Railroad v. ThomasonAlabama Court of Appeals · 1912
- Henderson-Mizell Mercantile Co. v. Chapman & Co.Alabama Court of Appeals · 1911
- Central of Georgia Railway Co. v. RutlandAlabama Court of Appeals · 1912