Merchant's Printers, Inc. v. Vulcan Publications, Inc.

MADDOX, Justice.

The issue in this case is whether a plaintiff is always entitled to have summary judgment entered in its favor when it makes out a prima facie case of a debt owed to it by attaching a verified statement of account to its complaint, as permitted by Ala.Code 1975, § 12-21-111, and the defendant fails to file a counteraffidavit as required by that statute. We hold that § 12-21-111 is only an evidentiary rule and that the prima facie case may be rebutted by other means outside the scope of the statute.

On December 21, 1987, Merchant’s Printers, Inc. (Merchant’s), sued Vulcan…