I see nothing in the record to justify any notice of the
other assignments of error. The two assignments of error
above mentioned are based on the first two grounds of
the motion for a new trial.
The appellant (Deft Below) pleaded in his first plea
that the $100.00 for which the note herein sued on was given
as collateral was taken up at maturity and surrendered to
White and a new note given by White - and the time for
payment of same was extended from time to time, with-
out the knowledge of deft below, and by reason of such
extension the defendant below was discharged, but -
 By his second plea, the defendant below pleaded pay-
ment to White of the $500.00 note sued on as collateral
before commencement of the suit and before making of the
$50.00 note sued on, -
 Issue was joined on these two pleas by the plaint-
iff below (Appellee) - The Sole question for the ap-
pellate Court to determine is whether either one of these
pleas was so well proven at the trial as to justify
a reversal of the case, If they were not then the Judg-
ment and verdict should stand, The Appellate Court
has nothing to do with the materiality of the pleas, or
their sufficiency. I the case of Hood vs French 19 so
Rep 170, - the Supreme " of Florida has clearly settled this
question, Says the Court, "I has frequently been decided
that however immaterial, defective, or demurrable a plea
may be, if issue be joined upon the plea, and the ev-
idence sustains it, the defendant has the right to have
the court charge the jury upon such pleas"
   The Testimony of A.W. Barrs amply sustains these
two pleas, and I do not find any contradiction of
his testimony upon the propositions contained in these
pleas, This being the case the verdict was contrary
to the evidence upon the issues presented by the
pleas and should have been set aside.
 See also Hobbie etal vs Bank of Montgomery 18
So, rep 131,
 It is therefore considered and ordered that the or-
der and Judgment of the County Judge overruling
the motion for a new trial be and the same is hereby
reversed - that the cause be remanded, to proceed
according to law, and that appellees pay the costs of
this appeal.
           At Chambers at Ocala Florida
Feby 11/1897,    W.A. Hocker, Judge etc
Filed for Record Feby 13/1897, }  H.C. Denton
Recorded Feby 15th 1897,       }  Clk Cir Ct,
                               } by J.M. Richardson
                                                 D.C.