Wimbush v. Curry

The defendant in error brought suit in a justice’s court against the plaintiff in error. The- summons was dated December 31, 1908. Though an affidavit had been prepared for execution, as appears from the record, the proposed affidavit was neither signed nor sworn to by the plaintiff, nor was the jurat signed by any one. So that the account was not verified. Upon the call of the case in the justice’s court at the first term, the defendant demurred to the suit, upon the ground that the account sued on was barred by the statute of limitations, as appeared upon the face of the account itself: The…