Whaley v. Cape

Opinion of the court delivered by

Wash, J.

This was an action commenced in the circuit court by petition and summons by the appellants against the ap-pellees on a single bill obligatory. The defendants in the c‘l’cu't court pleaded payment and set-off. The plaintiffs in the circuit court joined issue on the plea of payment and demurred to the pica of set-off. Thedemurrer was over-ru^e<^ anc* the issues were found by the court, sitting as a jury for the appellees, and on the plea of set-off, a judgment was given for the defendants against the plaintiffs the circuit court; to reverse which, the…