Hirschfelder v. Levy & Co.
Supreme Court of Alabama
Appeal from Conecuh Circuit Court. Tried before Hon. John P. Hubbard. This was an action on account brought by the appellees against T". S. Llirschfelder, under the act of January 16th, 1879, and was commenced on the 17th of February, 1880. The defendant having died after the appeal was taken, the cause was revived in this court in the name of Emanuel Hirschfelder, as the administrator of his estate.
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Appeal from Conecuh Circuit Court. Tried before Hon. John P. Hubbard. This was an action on account brought by the appellees against T". S. Llirschfelder, under the act of January 16th, 1879, and was commenced on the 17th of February, 1880. The defendant having died after the appeal was taken, the cause was revived in this court in the name of Emanuel Hirschfelder, as the administrator of his estate. The plaintiffs in the court -below filed with the clerk, when they commenced their suit, the account sued on, duly verified under the provisions of the above act; and the defendant filed with the…
1Opinion of the CourtSomebville, J.
Ve can see no error in tlie action of the Circuit Court, allowing the account to go to the jury to he. considered by them in connection with the other evidence in the case.
Its verification by affidavit, in compliance with the act of the General Assembly, approved January 16th, 1879, regulating the ■practice in actions on accounts, would have authorized its admission, but for the counter affidavit by the defendant, denying its correctness. This sworn contradiction, however, only destroyed its admissibility by virtue of the provisions of the statute, as prima facie proof of the same force as if…
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