Thomas v. Heflin, Admr.

Thomas v. Heflin, Admr. Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Shakpe', James E. Webb, for appellant. CabaNiss & Weakley, contra. The appellant sued the appellee in an action of as-sumpsit for the recovery of five hundred dollars for that amount as collected by John T. Heflin for the appellant on the 13th of December, 1888. The defendant pleaded the general issue, and special pleas of recoupment and set off, claiming that the money sued for was collected by his intestate as the attorney of Samuel Thomas in a suit against the A. G. S. Railroad Company and others, which is fully set out in the evidence, and that for John T. Heflin’s services the plaintiff owed him a fee, which defendant offered to set off and recoup ; the two defenses of set off and. recoupment being presented in separate pleas. The plaintiff in his complaint admitted that the defendant since the death of John T. Heflin had made a payment of two hundred dollars on account of the claim, and gave defendant credit for that amount. Issue was then joined on the pleas of general issue and set off. Upon these issues the case was tried. There wére verdict and judgment for the defendant. The plaintiff appeals, and the judgment was reversed for error committed by the court in refusing to give one of the charges asked by plaintiff. Reversed and remanded. [MAJORITY — HaealsoN, J.] Opinion by HaealsoN, J.