McAuley v. . Sloan

While the motion was pending to set aside the verdict (it having been agreed that the court should take the papers and render his decision out of the county), the plaintiff and defendant compromised the case, as is found by the jury, the defendant to pay $55 and costs. The judge thereafter set aside the verdict. The defendant paid the $55 and bill of costs, as taxed by the clerk, into court. The plaintiff declined to accept.

The only question presented is as to the action of the court in submitting an issue upon the plea in bar of accord and satisfaction under Revisal, 859, and reserving the…