Crosby v. Brantly

20 Ala. 287 | Ala. | 1852

PHELAN, J.

The action below was on an open account, for a sum less than twenty dollars, and was brought to the Circuit Court by appeal. The judgment was by default, and the record does not show that any proof was made to the court of the correctness of the demand. This was an error, as this court has expressly decided, in Kenum v. Henderson, 6 Ala. 132, and Witherington v. Brantly, 18 ib. 197.

The judgment is reversed, and the cause remanded.

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