Robinett

Plaintiff recovered judgment against defendant for the sum of $1,035.38, and in due time defendant appealed from the judgment, and also from the order denying his motion for a new trial. Both appeals are before this court upon one transcript.

The action was brought to recover an alleged indebtedness to the McCloud River Lumber Company, a corporation, in the sum of $1,035.38 as a balance due and unpaid upon an open book account for lumber sold and delivered to defendant by said corporation.

It was alleged that the said corporation, prior to the commencement of this action, sold, assigned, and transferred said account and obligation to one Matthew Harris, and that he, subsequently and before the commencement of this action, sold and assigned said account to plaintiff.

The complaint was unverified, and the defendant pleaded a general denial, and also specifically denied each allegation of the complaint. The case was tried before a jury.

Plaintiff called one J. H. Williams, who testified that he was an accountant and was employed by the McCloud River Company at the time said company had some transactions with defendant. Counsel for plaintiff then asked this question: “Q. Have you…