Reinhardt v. Carter
Mississippi Supreme Court
Error to the circuit court of Warren county. Hon. Geo. F. BrowN, Judge. The opinion of the court contains a sufficient statement of the case. Section 782, of the Code of 1871, entitles the plaintiff to a trial term in a case like this, only when an affidavit under said section has been attached do the account sued on, made before a justice of the peace.
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Error to the circuit court of Warren county. Hon. Geo. F. BrowN, Judge. The opinion of the court contains a sufficient statement of the case. Section 782, of the Code of 1871, entitles the plaintiff to a trial term in a case like this, only when an affidavit under said section has been attached do the account sued on, made before a justice of the peace. This.statute is in derogation of the common law, and must be strictly construed. ' The court undertook to render a judgment by default, which was utterly null and void, The action of the court below, in admitting the affidavit to the account…
1Opinion of the CourtSimralu, J.
The plaintiff sued upon an open account for goods, wares and merchandise, sold and delivered to the defendant.
One of the plaintiffs, in the city of New York, made an affidavit before a commissioner of this State, resident in the State of New York, that the account was correct, and was due from the defendant, which was attached to the account •filed with the declaration. Section 782 of the code of 1871 makes the affidavit prima facie evidence of the correctness of the account and the indebtedness, and entitles the plaintiff to judgment, unless the defendant shall file with his *317plea an…
2Cases cited1 opinion
- Griffing v. MillsMississippi Supreme Court · 1866
3Cited by8 opinions
- Gwin v. FountainMississippi Supreme Court · 1930
- Parker v. ThorntonMississippi Supreme Court · 1949
- Aaron v. PodestaMississippi Supreme Court · 1882
- Philley v. TolerMississippi Supreme Court · 1957
- Pioneer-Hydrotex Industries, Inc. v. BarfieldMississippi Supreme Court · 1963
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