Dicus v. Republic Paint & Varnish Works

Citations

• 128 Miss. 189
• 90 So. 729

Syllabus

<p>Account, Action on. Statute requiring affidavit on. actual knowledge held not complied with by affidavit on information and belief.</p> <p>Under section 1978, Code 1906 (section 1638, Hemingway’s Code) which provides that a person desiring to ins.itute suit upon an open account in his favor may make affidavit to 'he correctness of such account, and that it is due from the party against whom it is charged, and in any suit thereon such affidavit attached to the account shall entitle the plaintiff to judgment at the trial term of the suit, unless the defendant make affidavit and file with his plea that the account is not correct, particularizing wherein it is not correct, in which event the affidavit to the account shall entitle the plaintiff to judgment, the account must be sworn to upon the actual knowledge of affiant, and not upon information and belief. The affidavit upon information and belief in such case is not a compliance with this statute.</p>