Dixon v. Holliman

This was a suit in a justice’s court on an open account which was verified by the affidavit of the plaintiff as follows: “The above account sworn to and subscribed before me this the 19th day of March, 1926. Ira Holliman. Nathan Gilbert, J. P.” The defendant did not comply with the provisions of section 4730 of the Civil Code of 1910, and “file his affidavit denying the justice and fairness of the whole .or any part of such account.” After judgment against him the defendant appealed to the superior court and there filed a plea. This plea was afterwards “disallowed, because filed too late.”…