
    Theavenought vs. Hardeman.
    When two or more pleas are filed in short, and the jury are sworn to try the issue joined, the court will not reverse the judgment.
    When the verdict in the county court is for too much, a release may be entered for the overplus after an appeal prayed; and if the appeal is not withdrawn, the judgment will be affirmed in the circuit court.
    Debt in the county court of Maury county. The defendant pleaded, first, payment; second, set off: these pleas were not drawn out, but were merely filed by writing the words payment and set off, upon the memorandum docket. The plaintiff replied by writing under the pleas, the words “replication and issues.”
    The jury returned a verdict for $185 debt, and $27 25 cents damages, upon which judgment was entered. The defendant, Theavenought, then prayed and obtained an appeal to the circuit court, which was granted. After the appeal had been prayed and granted, the plaintiff came into court and released so much of the judgment as reduced it, debt and damages, to one hundred and sixty-five dollars.
    The jury in the circuit court, were sworn to try the issue joined, &c. They found a verdict in favor of the plaintiff, and that the finding in the county court, after deducting the amount released, was correct. The court, thereupon, entered judgment for the one hundred and sixty-five dollars, with twelve and a half per cent, interest thereon, from the finding mthe county court: from which , , , , , • the defendant appealed m error to this court.
    Campbell, for plaintiff in error.
    
      Jlnderson and Clark, for defendant in error.
   Catron, Ch. J.

delivered the opinion of the court.

The first error insisted on is, that no issues are found, but the issue. There are two notices of pleas in short; the court always has, and often, treated these as something or nothing, and suited them to the finding. It is well enough.

2. The verdict and judgment were for $185 debt, and $27 25 damages, in the county court; an appeal was prayed and entered of record. During the term, a release of part of the judgment was entered, reducing debt and damages to $165; the defendant still prosecuted his appeal. In the court above, the judgment below was found by the jury at the amount it was reduced to by the release, and judgment rendered for the same amount. The idea that after the appeal was prayed and granted in the county court, no further power existed over the cause, is not tenable. During the term, every power to amend the judgment or set it aside, remained with the court. So the defendant might have withdrawn his appeal, and ought, after the release entered.

Judgment affirmed.  