Wilson v. Carrollton Tobacco Warehouse Co.

. Opinion op the Court by

Judge Clarke

Affirming.

The only thing complained of herein is the transfer of the action ,from the ordinary to the equity docket and the consequent denial of a trial of the issue by a jury.

*434The action was begun in equity by appellee to recover of appellant $171.66 alleged to have been paid to him, by mistake, in a settlement of their accounts covering deliveries of tobacco by appellant to appellee for sale between December 1, 1914, and April 30, 1915. Appellant answered, admitting the payment to him of $171.66, by mistake, but denying that there had been any settlement…