Railroad v. McCollum

Snodgrass, 0. J.

The only question to be determined in this case is whether the Court erred in refusing to allow the plaintiff in error to offer proof in support of its plea in abatement. Issue had been joined on this plea, but the defendant, admitting that it owed the plaintiff below $19.35, amount of overcharge in freight, one of the items ■of plaintiff’s claim, filed a plea of tender accom■panied with this amount of money. The Circuit Judge held that the effect of this plea was to overrule the plea in abatement, and declined to allow proof on the plea. Defendant appealed, and assigned this…