37 Fla. 232 | Fla. | 1896
The appellee, T. H. Barlow, sued the appellants in the Circuit Court of Orange county in assumpsit for. goods sold and delivered, for work and labor done and performed, for money paid by the plaintiff for the use •of the defendants, for moneys received by the defendants for the use of the plaintiff, and for moneys found to be due upon an account stated between them. The •defendants pleaded- the general issue, that they never were indebted as alleged. The cause was tried before .a jury and resulted in a verdict and judgment for the. plaintiff in the sum of ■ $641.24. Prom this judgment the defendants below appeal.
Several errors are assigned, but we deem it unnecessary to notice any of them, except one upon which the judgment below must be reversed. At the trial the -defendants offered in evidence the record of a judgment in the Circuit Court of Orange county in a suit in assumpsit between the same parties, wherein Little Brothers were plaintiffs and T. H. Barlow vvas defendant, and in which they recovered judgment against Barlow for $172.90, and in which the same subject-matter was apparently involved that is in controversy in the present suit. To the introduction of the record •of said judgment in evidence the plaintiff objected on the ground that the defendant had not specially pleaded the former judgment. This objection was sus
' Upon the objection urged to the admissibility of the former judgment between the parties in evidence the
The judgment appealed from is reversed and a new trial ordered.