Brierton v. Smith

Upon the trial of this case in the justice’s court the plaintiff introduced the account sued on, and her affidavit as ■evidence of its justness and correctness. The defendant’s counsel then proceeded to introduce the defendant as a witness in her own behalf, and objection was interposed by the plaintiff, upon the ground that no counter-affidavit had been filed. The justice sustained this objection. The defendant thereupon asked for time to Avrite a counter-affidavit and have it verified, preparatory to -filing. The justice declined to suspend the trial for this purpose. It ap*70pears, from the…