Miner

The action was brought for legal services and was tried before a jury. The verdict was in favor of the plaintiff for the sum of $480.00. The appeal is from the judgment on a bill of exceptions.

The first point urged in the brief of appellant for reversal is based upon the ruling of the court in denying the motion to suspend the trial until the determination of another action pending in the circuit court of the United States. We understand, however, from the oral argument that appellant has abandoned this position and therefore we shall not discuss it.

Complaint is made of the refusal of the court to allow the defendant to amend his answer. The motion to amend, it is claimed, was promptly made at the close of plaintiff’s case, and was based upon the testimony of plaintiff himself. By the amendment it was proposed to set up a “settlement of all the claims and demands existing between the plaintiff and Richard Kirman and T. B. Rickey as copartners, in which settlement a balance of account was struck between the plaintiff and defendant and in which settlement there was found to be due and owing from the said Richard Kirman and T. B. Rickey as copartners to the plaintiff the sum of…