Covel v. Smith

Citations

• 68 Miss. 296

Syllabus

<p>1. Supreme Court. Presumption. Absence of evidence.</p> <p>In the absence of a bill of exceptions, any conceivable state of facts will be assumed, in favor of the correctness of the action of the court on the instructions.</p> <p>2. Practice. Affidavit to Account. Code 1880, § 1627. Waiver.</p> <p>Where, under § 1627, code 1880, a sworn account is filed as a set-off, and the defendant goes to trial upon evidence disputing- his claim, he will be held to have waived his right to a judgment for want of a counter-affidavit. Bloom v. McGrath, 53 Miss. 249.</p>