Dobbins v. Shy

Shy brought suit on a promissory note, against Dobbins, in the city court of Athens. The defendant admitted the execution of the note sued on, and that the plaintiff was the owner and holder thereof, hut pleaded recoupment. On the trial of the case the defendant moved the court to be allowed to withdraw his plea, and .the court refused the request, and an exception pendente lite was allowed. The jury returned a verdict for the plaintiff, and the defendant’s motion for a new trial was overruled.

The only question made in the ease is the alleged error in the *439refusal of the court to allow the…