Kemp v. Slocum

Epperson, C.

Plaintiff sued on an open book account, and defendant pleaded a counterclaim. The defendant appeals from a judgment in favor of plaintiff.

No important question is presented. One instruction objected to is a‘ statement of defendant’s counterclaim. An examination of the record shows that the instruction and the allegations of the counterclaim are in substantially the same language. Another instruction complained of is as. follows: “The jury are instructed that the testimony of one credible witness is entitled to more *441weight than the testimony of many others, if, as to those other…