M. Hohenberg & Co. v. Hendrix

Appellant sued appellee on a promissory note. No defense was interposed as against this suit upon the note, hut the defendant interposed a plea of set-off. The causé was tried before the court without a jury, and upon the conclusion of the evidence the court rendered a judgment in favor of the defendant on the plea of set-off, from which the plaintiff has prosecuted this appeal.

The first assignment of error seeks to review, the judgment of the trial court on the evidence, and such a review may here be had without exception having bean reserved thereto. Headley v. McCall, 205 Ala. 108, 87 So.…