Edsall v. Rockland Paper Co.

Harrington, J.,

delivering the opinion of the Court:

The plaintiff has filed an affidavit of demand, with a copy of his “book account” sued on attached in accordance with the provisions of Section 4648 of the Revised Code of 1935, and claims that he is entitled to judgment unless the plaintiff files an affidavit of defense.

Under the defendant’s motion, the question for us to determine, therefore, is whether, if an affidavit of defense were filed, and the case should go to trial, the plaintiff’s *499book account would be competent evidence to prove his claim. Clements v. Smith, 1 Boyce (24 Del.) 16,…