Terry v. Shively

Colerick, C.

— This was an action brought by the appellee against the appellant on an account for lumber sold and delivered. An answer consisting of four paragraphs was filed, as follows: 1. General denial. 2. Settlement. 3. Former adjudication. 4. Payment. A reply of general denial was filed to the last three paragraphs of the answer. The case was tried by a jury, and resulted in a verdict in favor of the appellee for $433.52, and, over motions for a new trial and in arrest of judgment, final judgment was rendered for said sum against the appellant;

The errors assigned for the reversal of the…