Bonner v. White

Citations

• 78 Miss. 653

Syllabus

<p>1. Account. Suit on. Affidavit. Counter affidavit. Evidence. Code 1892, § 1801.</p> <p>If a defendant, sued upon an open account,' duly sworn to under code 1892, $ 1801, do not file a counter affidavit, lie cannot rightfully introduce evidence to deny the correctness of the account.</p> <p>2. Same. Set-off. Practice.</p> <p>Where á plaintiff sues upon an open account, duly sworn to under the statute, he is entitled to a peremptory instruction for the full sum of the account, if defendant file no counter affidavit and offer no evidence of a set-off or other admissible defense.</p> <p>3. Same. Duty of attorney.</p> <p>It is the duty of an attorney in such ease to call the court’s attention to a paper on file, which he claims amounts to a counter affidavit, if he wish it to be treated as such.</p>