Columbia Drug Co. v. Goodman
Columbia Drug Company v. Goodman
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Opinion of the Court
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Fish, P. J.
Where suit was brought, in a county court, upon an open account properly sworn to by the plaintiff, the judge erred in refusing to strike, on plaintiff’s motion, a plea of payment which was not verified (Acts 1901, p. 55) ; and a certiorari assigning error upon such a ruling should have been sustained.
Judgment reversed.
All the Justices concur, except Simmons, G. J., absent.
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