Briggs v. Prowell

Suit by appellee against appellants upon a supersedeas bond. Plaintiffs’ right of recovery, so far as the suit upon the bond is concerned, was clearly established, and the litigated issues of fact were presented by several pleas of set-off and re-coupment. There were two or more matters of set-off, composed of separate claims' embraced in these pleas. The evidence concerning them was in sharp dispute. There was verdict and judgment for plaintiff, from which defendants prosecute this appeal.

The first assignment of error relates to the action of the court in giving for the plaintiff charge 1-A.…