Vinson v. Norfolk & W. R'y Co.

BRAnnon, Judge :

Writ of error taken by the Norfolk & Western Railroad Company to a judgment in the Circuit Court of Wayne county against it in favor of Vinson & McDonald.

The plaintiffs brought an action of assumpsit, and the defendant tendered a plea of non assumpsit, to which the plaintiffs objected, on the ground that they had filed with their declaration an affiidavit as to the amount due from the defendant, as provided by section 46, c. 125, Code, and *599that the plea tendered was not accompanied by the affidavit required in such case of the defendant by said section. The plea was refused…