Baker v. Haynes, Henson & Co.
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action in assumpsit by Hayes, Henson & Co., against 1). Vi. Baker. The facts are sufficiently stated in the opinion.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action in assumpsit by Hayes, Henson & Co., against 1). Vi. Baker. The facts are sufficiently stated in the opinion. The court erred in admitting the testimony of Jackson as to an offer by defendant to pay $85.00 in full settlement of the claim.— Matthews v. Farrell, 140 Ala. 298; Gibbs v. JVrigM, 14 Ala. 4(57. The plea being not indebted in manner and form as alleged in the complaint, the verified account which was'only for $11(5.30 did not prove the allegations of the complaint claiming $119.88.
1Opinion of the CourtHaralson, J.
The account sued on in this case was previously verified, by affidavit of competent witness, under section 1804 of the code of 1896. The fact *521tliat the same was verified by affidavit was indorsed on the summons and complaint at the time of the bringing of the suit. The account thus verified was introduced in evidence by the plaintiff, without objection, and the defendant did not file an affidavit, denying on information and belief or otherwise, the correctness of the account. This evidence entitled the plaintiff to a judgment in the absence of any proof from the defendant, who offered none.
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2Cases cited2 opinions
- Hartford Bridge Co. v. GrangerSupreme Court of Connecticut · 1822
- Matthews v. FarrellSupreme Court of Alabama · 1903
3Cited by4 opinions
- Benson & Co. v. ForemanSupreme Court of Alabama · 1941
- Smith v. SharpSupreme Court of Alabama · 1923
- Rivers v. Paterson & Edey Lumber Co.Supreme Court of Alabama · 1924
- Nahrgang v. W. K. R. G. Radio StationAlabama Court of Appeals · 1955