Fleming & Loflin v. Shepherd

Simmons, Justice.

It appears from tlie record in this case that Fleming Loflin, for the use, etc., sued Shepherd on an open account. . The writ was served personally upon Shep,herd. No formal plea was filed, by the defendant at the appearance term. Shepherd’s counsel had his náme marked on the docket, and demanded a trial by jury for Shepherd. The account sued on had attached thereto an affidavit of its correctness, by Loflin, one of the plaintiffs. On the trial of the case, the plaintiffs tendered this affidavit in evidence as proof of the correctness of the account. It was obj ected to by…