Athens Truck & Tractor Co. v. Kennedy

Quillian,' J.

Athens Truck & Tractor Company, a corporation, brought suit on an open account, verified by the affidavit of C. H. Montgomery, against J. R. Kennedy in a justice’s court. The summons with verified account attached was personally served on Kennedy. No answer was filed by the defendant; the justice entered up a judgment against him, and he appealed to the Superior Court of Franklin County. The case was called for trial, and the plaintiff corporation made a motion that the court direct a verdict in its favor. The motion was denied, and the trial judge ordered that the case proceed…