Willett v. Starr , 8 Johns. 123 ( 1811 )

Per Curiam.

This suit ought to have been brought before a justice of the peace. The defendant is entitled to recover costs, but the amount of the plaintiff’s recovery may be set off against so much of the defendant’s costs. (See 6 Johns. Rep. 332. Act, 28th sess. c. 93. s. 6.)