Tichenor v. Woodburn Sarven Wheel Co.
Mississippi Supreme Court
Error to the Circuit Court of Warren County. Hon. Upton M. Young, Judge. To assumpsit by the Woodburn Sarven Wheel Company, on an account which its secretary, in an affidavit thereto, swore was correct and due from Tichenor, he pleaded the general issue, with an affidavit “ that the account filed with the plaintiff’s declaration is not correct.”
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Error to the Circuit Court of Warren County. Hon. Upton M. Young, Judge. To assumpsit by the Woodburn Sarven Wheel Company, on an account which its secretary, in an affidavit thereto, swore was correct and due from Tichenor, he pleaded the general issue, with an affidavit “ that the account filed with the plaintiff’s declaration is not correct.” On the trial the defendant was not allowed to introduce any evidence under the pleadings; be excepted, and from a judgment for tbe plaintiff brings up the case. The act of 1875, p. 161, provides “ that, in actions upon open accounts, sworn to as…
1Opinion of the CourtCampbell, J.
The act of March 6, 1875, amending § 782 of the Code, relates alone to a specification of the items of an account where the defendant desires to controvert its correctness in some particular items. In such case a wholesale denial is not sufficient. The affidavit must specify wherein the account is not correct. But, by virtue of § 782 of the Code, an affidavit by the defendant, “ that the account is not correct,” puts the plaintiff to the proof of its correctness, and the “ indebtedness of the defendant against whom the sum is charged.” If there is no specification of particular items of the…
2Cited by3 opinions
- Hannan Motor Co. v. DARRMississippi Supreme Court · 1952
- Philley v. TolerMississippi Supreme Court · 1957
- Carpenter Land Improvement Corp. v. ArnoldMississippi Supreme Court · 1959