Wheatly v. Phelps

Judge Marshall

delivered the opinion of the Court.

This case was tried in the Circuit Court, upon an appeal from judgment of a Justice of the Peace, rendered against Wheatly, the plaintiff m the warrant,

jn ^g Circuit Court, Phelps, the defendant and appellee, was permitted to file a plea of payment, notwithstanding the objections of the plaintiff. A verdict and judgment having again passed for Phelps, and a motion for a new trial having been overruled, Wheatly prosecutes a writ of error; and, by his assignment of errors* *303questions the opinion of the Circuit Court, in permitting the plea to be…