Hewes v. Mungan ( 1807 )

Kirkpatrick, C. J.

— The defendant, on the trial of this canse, was suffered to make off-set without having filed a plea, and the verdict was for him, for forty-two dollars and seventeen cents. This is irregular. The act is positive. In order to let in proof of set-off, there must be a plea of payment filed. The filing of an account, containing the items to be set-off is not enough. It has repeatedly been so determined.¹ Reverse.

Rossell, and Pennington, Justices. — Concurred.

Judgment reversed'.

1 See Phillips v. M’Cullough ante, *69.