
    Columbia Drug Company v. Goodman.
    Submitted January 25,
    Decided February 12, 1904.
    • Certiorari. Before Judge Mitchell. ■ Berrién superior court. March 27, 1903.
    
      Hendricks & Harrison, for plaintiff.
   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.  