Kentgen & Co. v. Jordan

The defendant is appellant from a judgment by default made final.

*220The default was confirmed on the presumption created by Article 3G0 of the Code of Practice, corroborated by the following- testimony : “ J. M. Wagner, for plaintiff, sworn, says : “ the account sued upon is correct.” Another witness was examined; but his testimony not having any reference to the account sued on, does not affect the decision of the cause.

The simple declaration, “ the account sued upon is correct,” was, in our opinion, insufficient to authorize the confirmation of the default; the witness should have given the…