Miller v. Mans

— In an action by Mans against Miller and others, the former recovered a judgment against Miller for $1,557 63. Mans remitted $70, and, over' a motion for a new trial, had judgment for the balance. The questions made and argued turn on the effect of a former recovery.

In a previous suit by Mans against Miller and others, involving some of the same matters involved in the present action, Miller answered by the general denial, and the parties agreed that all matters of defense might be given in evidence under it. Upon this issue and agreement the cause *195was referred to a master commissioner to…