Copperthite Pie Corp. v. Whitehurst

Hudgins, 'J.,

delivered the opinion of the court.

The plaintiff, in a civil justice’s court in the city of Norfolk, caused a warrant to be issued against the defendant for the sum of $71.50, the purchase price of pies sold and delivered to him. The judgment was for the plaintiff and the defendant appealed to the circuit court of the city of Norfolk. While it is not clear from the record whether or not the defendant filed á plea of set-off or counter claim in the civil justice’s court, it is certain that he filed such a plea in the circuit court and on that plea the jury rendered a verdict…