Clements v. Mayfield Woolen Mills
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before the I-Iou.' John P. Hubbard. This was an action brought by the Mayfield Woolen Mills, a corporation, against the appellant, It. A. Clements. The complaint contained two counts, the first declaring upon an account stated, and the second claiming the sum sued for as due for goods, wares, and merchandise sold by the plaintiff to the defendant.
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Appeal from the Circuit Court of Coffee. Tried before the I-Iou.' John P. Hubbard. This was an action brought by the Mayfield Woolen Mills, a corporation, against the appellant, It. A. Clements. The complaint contained two counts, the first declaring upon an account stated, and the second claiming the sum sued for as due for goods, wares, and merchandise sold by the plaintiff to the defendant. On the summons and complaint there was the indorsement that the account sued on was verified by affidavit. The. defendant pleaded the general issue of non assumpsit. Upon the trial of the cause the…
1Opinion of the CourtHaralson, J.
1. There are two counts in the complaint, one declaring on an account stated, and the other for gcodSj wares and merchandise sold by the plaintiff to defendant; and the plaintiff, at the time of bringing his suit, indorsed on the summons and complaint, the fact that the account sued on was verified by affidavit, — as required by section 1804 of the Code. The sufficiency of the affidavit, to make the itemized account thus verified competent evidence of its correctness, was not questioned by defendant. The verified account was introduced on the tidal by plaintiff without objection by defendant.…
2Cases cited1 opinion
- Green v. Jones Bros.Supreme Court of Alabama · 1893
3Cited by8 opinions
- Lokey v. WardSupreme Court of Alabama · 1934
- Skelton v. WeaverSupreme Court of Alabama · 1957
- Old Southern Life Insurance Company v. FreeCourt of Civil Appeals of Alabama · 1971
- Key v. Goodall Brown & Co.Alabama Court of Appeals · 1913
- Garnett v. ScottSupreme Court of Alabama · 1922
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