Anniston Soil Pipe Co. v. Central Foundry Co.

MERRILL, Justice.

This is an appeal by defendant below from a judgment overruling defendant’s motion for a new trial in a cause wherein plaintiff secured a judgment of $31,224.86.

Appellee sued on an account in code form and appellant replied with the general issue. At the conclusion of the trial the court gave the affirmative charge without hypothesis for appellee.

One of the argued grounds in the motion for a new trial is that the court erred in admitting the statement of account into evidence because it was not attached to the complaint. Tit. 7, § 378, Code 1940, provides in part:

“In all…