Haggard v. Smith

This action was brought on an open account. With the declaration was filed an affidavit, sworn to by only one of the plaintiffs, in which reference was made to the “annexed account” as showing the nature of plaintiffs’ demand and the amount due from defendants. Defendants filed the general issue, and with it their joint affidavit, in which they say “that they verily believe they have a good defense to the said suit, upon the merits, to a portion of said plaintiffs’ demand—that is to say, to the amount of sixty-five dollars.” Thereupon, plaintiffs, by their counsel, stipulated to deduct from…