Richter Mfg. Co. v. Vicksburg Candy Co.

Citations

• 127 Miss. 717
• 90 So. 445

Syllabus

<p>1. Account, Action on. General issue with supporting affidavit puts in issue defendant’s liability.</p> <p>In a suit on an open account, sworn to under section 1978, Code of 1906, section 1638, Hemingway’s Code, a plea of the general issue supported by an affidavit that “the account sued on is untrue and incorrect, that it is not due and owing from defendant to plaintiff, and that the matters and things set forth by defendant in the notice under the plea of general issue are true and correct,” puts in issue the liability of the defendant on the account, and where there is a conflict of evidence thereon this issue should be submitted to the jury.</p> <p>3. Account, Action on. In suit on open account, where a plea to the general issue is filed, held not error to permit a counter affidavit after the return term.</p> <p>In a suit on an open account, sworn to under section 1978, Code of 1906, section 1638, Hemingway’s Code, where only the plea of general issue is filed at the return term, it is not error for the court to permit a counter-affidavit to be filed after the return term and before the trial is begun.</p>