Connalley v. Wallace Co.

Brannon, Judge:

In an action of assumpsit in the circuit court of Mingo County by Connalley against the Wallace Company the plaintiff filed an affidavit with his declaration as an affidavit prescribed by section 46, chapter 125, Code, as to the amount due liim, and the defendants moved the court to quash said affiidavit for defects in it, and the court overruled the motion. Afterwards defendants asked leave to enter the plea of nomassumpsit, but the court refused to allow them to do so for want of an affidavit by the defendants under said section. The court erred in refusing to quash the…