¶2Tliis case presents precisely a similar state of facts to those shown in the case of Wolfe Aaron et al. v. J. Podesta, this clay decided, and for the reasons given in the opinion in that case, it is
¶3Reversed, and a new trial awarded.
2 Miss. Dec. 710
Aaron v. Keller
Decided November 6, 1882
Mississippi Supreme Court · decided 1882-11-06
J. II. Keller brought suit in a justice of the peace court on an open account against Wolfe Aaron, to which an affidivit was made as provided by section 1627 of tbe Code of 1880, and the defendant appealed to the Circuit Court from a judgment against him. No counter affidavit was filed by the defendant. Plaintiff moved the court for a judgment against the defendant because the account sued on was sworn to according to statue and the defendant had filed no counter affidavit.
Reversed and new trial awarded, · Decided 1882-11-06