Tillery v. Price

The suit was for balance alleged to be due for services while in defendant’s employ. The pleas were set-off and in short by consent, with leave to give in evidence any matter of special defense. The judgment was for plaintiff.

The issues of fact, being disputed, were for the jury. McMillan v. Aiken, 205 Ala. 35, 40, 88 So. 135. Appellee’s counsel, in his history of the case, detailed- the several steps in proceeding to judgment that extended from 1925 to 1931, when the cause was submitted in the Court of Appeals and transferred to this court. However that may be, we will consider the several…