57 Ala. 473 | Ala. | 1876
The present suit was tried on the pleas of non assumpsit and set-off. The complaint sets forth, as cause of action, two notes payable to plaintiff as administrator of another. The suit is by plaintiff in his representative capacity. The plea of set-off is pleaded by its name alone, and does not show in what form or right the cross-demand;
The judgment rendered in the court below, against the-plaintiff, for the certified balance due from him, is an error, which works a reversal of the judgment to that extent. It extends no further. The judgment should have done no more than to discharge the defendants with their costs. A judgment is here rendered, reversing and vacating that part of the judgment, and permitting the residue to stand on a general verdict and judgment for defendants. Let appellees pay the costs of this appeal.—See Jackson v. Shipman, 28 Ala. 488.