Ashbey v. Ashbey

The opinion of the Court was delivered by

Todd, J.

This is a suit on account rendered by the defendant to the plaintiff for moneys received by him as her agent, showing a balance due plaintiff for $5,437.92.

There was a plea of prescription of three years filed by the • defendant.

This was overruled.

An answer was then filed which averred payment of the debt.

There was judgment for the plaintiff and the defendant has appealed.

In this Court he insists that the judgment was not in conformity to the pleadings. That plaintiff sues for herself individually and for her children as natural tutrix…