Bower v. Henshaw
Mississippi Supreme Court
Error to the Circuit Court of Yazoo County. Hon. W. B. Cunningham, Judge. This action was commenced by the defendants in error against the plaintiff in error, on the 16th of July, 1873, upon an open account, dated in 1861, for goods sold and delivered. To the plaintiffs’ declaration in the court below, the defendant pleaded the general issue, payment, and the Statute of Limitations.
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Error to the Circuit Court of Yazoo County. Hon. W. B. Cunningham, Judge. This action was commenced by the defendants in error against the plaintiff in error, on the 16th of July, 1873, upon an open account, dated in 1861, for goods sold and delivered. To the plaintiffs’ declaration in the court below, the defendant pleaded the general issue, payment, and the Statute of Limitations. The defendant filed a statement of particulars under the plea of payment, to the effect, that on the 14th of February, 1867, a judgment in favor of E. L. Bower, the defendant, against John Hudson, in the Circuit…
1Opinion of the CourtChalmers, J.
Henshaw & Sons brought suit against Bower on an open account verified by affidavit of its correctness in accordance with § 782 of the Code. The defendant pleaded non assumpsit, payment and the Statute of Limitations ; and under his plea of payment gave notice of special matter amounting substantially to an accord and satisfaction. On the trial, after the testimony had closed, and the parties were about to go to the jury, the plaintiffs made and the court sustained a motion to exclude all the' defendant’s testimony from the jury, because the correctness of the account sued on was sworn to, and…
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