Illinois Central R. R. v. Andrews
Mississippi Supreme Court
Appeal from the Circuit Court of Holmes County. . Hon. Charles H. Campbell, Judge. W. H. Andrews brought suit in the justice’s court against the appellant on the following open account: West Miss., January 31,1883. Illinois Central Railroad Co. To W. 3. Andrews, Dr. 1882, Dee. 25. • To killing one cow,.........$30.00 1883, Jan. 10. To killing one cow,.........25.00 “ “ To killing one .ox,.........15.00 $70.00 This account; was sworn to under § 1637 of the Code of 1880.…
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Appeal from the Circuit Court of Holmes County. . Hon. Charles H. Campbell, Judge. W. H. Andrews brought suit in the justice’s court against the appellant on the following open account: West Miss., January 31,1883. Illinois Central Railroad Co. To W. 3. Andrews, Dr. 1882, Dee. 25. • To killing one cow,.........$30.00 1883, Jan. 10. To killing one cow,.........25.00 “ “ To killing one .ox,.........15.00 $70.00 This account; was sworn to under § 1637 of the Code of 1880. Judgment by default was rendered against tbe appellant, who appealed to the circuit court. The appellant did not file in…
1Opinion of the CourtCooper, J.
The failure of the defendant to interpose its defense in the magis*478trate’s court did not preclude it from defending in the circuit court on appeal. Callahan & Co. v. Newell, ante 437.
Section 1627 of the Code of 1880, which authorizes the plaintiff who sues upon an open account- to make oath to the correctness of the account, and gives to such sworn account the character of evidence, is not applicable except in cases where the cause of action arose ex contractu. Miss. Central Railroad Co. v. Fort, 44 Miss. 423.
Reversed..
2Cases cited1 opinion
- Mississippi Central R. R. v. FortMississippi Supreme Court · 1870
3Cited by2 opinions
- Equity Savings & Loan Co. v. BoisfontaineSupreme Court of Louisiana · 1905
- Gulf & Ship Island R. v. Wells Lumber Co.Mississippi Supreme Court · 1916