Coleman v. Bunce

The question presented for decision in this case, must he regarded as settled by prior decisions. Deriving our system, in a measure, from the civil law, we have retained many of its peculiar doctrines, especially in our practice and procedure. At common law the defendant had his remedy by set-off and recoupment. We have borrowed from the civil law, following more nearly the practice in the Equity courts, the remedy by way of reconvention, giving a broader scope to matters which may be put in litigation in the same action. By recoupment the defendant could defeat the plaintiff’s action and…