John H. Maclin Peanut Co. v. Pretlow & Co.

Pretlow and Company instituted this action against John H. Maclin Peanut Company to recover $2,235. The defendant filed a plea of set-off, alleging that plaintiff was indebted to it in the sum of $833.47, and prayed for judgment over. The jury returned a verdict for $5 in favor of defendant. The trial court sustained plaintiff’s motion to set aside the verdict and entered judgment in plaintiff’s behalf for $2,182. Defendant sought and obtained this writ of error to that judgment.

The only material error assigned is the refusal of the trial court to enter judgment on the verdict.

*403A litigant who…