Romoneda v. Jackson
Mississippi Supreme Court
Romoneda v. Jackson, 93 Miss. 92 (Miss. 1908)
46 So. 258
Calhoon
Romoneda v. Jackson
Opinion of the Court
delivered the opinion of the court.
There is no affidavit under the statute, Code 1906, § 1798, by tire plaintiff that his account is “correct and due” him by the defendants. So he was put on the proof of it. We search the record in vain for any proof of one-part of it whatever, and therefore, without considering the other objection, we are under the painful necessity to order that this little case be reversed and remanded.
Reference
- Full Case Name
- John Romoneda v. Wallace Jackson
- Status
- Published
- Syllabus
- Accounts. Suit on. Attachment affidavit. Code 1906, § 1978. Evidence. Affidavit of correctness. Counter affidavit. A statutory affidavit for an attachment (Code 1906, § 133) on an open account, merely affirming, so far as relates to the indebtedness, that the defendant was justly indebted to plaintiff in a designated sum as shown by an account attached thereto, cannot be made to serve as an affidavit to- the account under Code 1906, •§ 1978, providing that an affidavit to the correctness of an open account, etc., shall be evidence of its correctness in the absence of a counter affidavit by the party sought to be charged.