Dyar Sales & Machinery Co. v. Mininni

This action, in which exceptions were noted and allowed, was assumpsit, by a corporation, on account annexed to the writ. To establish plaintiff’s main case, counsel offered in evidence the affidavit of its secretary. R. S., Chap. 96, Sec. 129.

The statute making ex parte affidavits permissible in proof is in these words:

“In all actions brought on an itemized account annexed to the writ, the affidavit of the plaintiff, made before a notary public using a seal, that the account on which the action is brought is a *81true statement of the indebtedness existing between the parties to the suit with…