Reinhardt v. Carter

Citations

• 49 Miss. 315

Syllabus

<p>1. Practice— Affidavit — Effect of to open account, Code 1871, § 782, — This statute' makes the affidavit prima facie evidence of the correctness of the account and the in, debtedness, and entitles the plantiftlo judgment, unless the defendant shall tile with his plea an affidavit that the account is not correct; in which event the plaintiff’s affidavit shall not be evidence, except for so much of the account, as defendants admit to be due. This statute names the justice of the peace of this State or any other State or territory, as the officer authorized by law, to administer oaths and affidavils as to correctness of accounts.</p> <p>2. Same, § 800. — This statute empowers the Governor to appoint commissioners residing in the other Stales and Territories, “ who shall have full power to administer oaths and affidavits, * * * to be used in this State, * * * and their acts shall be as effectual in law, as if done and certified by any officer thereto duly authorized in this State.” These two sections should be eonstiued as of pari materia, the one as authorizing the affidavit before a justice of the peace within the State j (he other before a commissioner in another State, Griffing v. Mills, 10 Miss, Rep,, 616,</p> <p>3. Effect of thebe Statutoby provisions, etc. — The effect of these statutory provisions, is to givo an account with the oath attached, the advantages of, being thereby prima faoie true, and that the defendant shall not be permitted on the trial, to assail it as untrue and incorrect, unless by affidavit he denied it, in whole or in part. ' If the defendant makes the affidavit, then the prima facie correctness imputed by the plaintiff’s affidavit is done away with, and the plaintiff must sustain his account by other evidence. The privilege conferred by these statutes, does not alter the law of pleadings, but gives effect to the affidavits of the respective parties on the trial.</p>