Supreme Court of Alabama May 17, 1928, 2 Div. 931. (Derby v. Bell)

SOMERYILLE, J.

The judgment record shows that the defendant abandoned certain pleas of tender previously filed by pleading in open court the general issue, with leave to give in evidence any matter that would be a defense, if previously pleaded.

A plea of tender, under our statute, must aver the fact of the previous tender of the amount due, and that the defendant “now brings the money into court.