Romoneda v. Jackson

Citations

• 93 Miss. 92
• 46 So. 258

Syllabus

<p>Accounts. Suit on. Attachment affidavit. Code 1906, § 1978. Evidence. Affidavit of correctness. Counter affidavit.</p> <p>A statutory affidavit for an attachment (Code 1906, § 133) on an open account, merely affirming, so far as relates to the indebtedness, that the defendant was justly indebted to plaintiff in a designated sum as shown by an account attached thereto, cannot be made to serve as an affidavit to- the account under Code 1906, •§ 1978, providing that an affidavit to the correctness of an open account, etc., shall be evidence of its correctness in the absence of a counter affidavit by the party sought to be charged.</p>