A claim for overcharges in freight paid to a common carrier may be sued on in a justice’s court as an open account, under the Civil Code, §4130; and when, in such a suit, the account was proved by the affidavit of the plaintiff, and there had been personal service upon the defendant, and the defendant had filed a general denial not sworn to, it was not error, on motion, to strike such plea and enter up judgment for the plaintiff. ' Judgment■ affirmed.