De Laval Separator Co. v. Cutts

Appellant, the De Laval Separator Company, brought this action in the court of a justice of the peace of Winston county against appellee, J. E, Cutts, on an open account. There was a judgment by default in that court, and an appeal therefrom by the appellee to the circuit court, in which there was a trial on the pleadings and evidence resulting in a verdict, and judgment over for appellee on a set-off filed by appellee for the first time in the circuit court. From that judgment, appellant prosecutes this appeal.

The judgment in favor of appellant in the court .of the justice of the peace, from…